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View Diary: No warrant for emails? NOT SO, says Senator Leahy (13 comments)

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  •  Always a pleasure (2+ / 0-)
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    gerrilea, rockhound

    to unskew as necessary. :)

    "That the people have a right to bear arms for the defence of themselves and the State ..."- Vermont Constitution Chapter 1, Article 16

    by kestrel9000 on Wed Nov 21, 2012 at 06:26:52 AM PST

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    •  we still need to amend the constitution (2+ / 0-)
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      kestrel9000, gerrilea

      to include a right to privacy, but i'm really happy about this update.

      Please don't dominate the rap, Jack, if you got nothin' new to say - Grateful Dead

      by Cedwyn on Wed Nov 21, 2012 at 06:31:41 AM PST

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      •  How would you word (2+ / 0-)
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        gerrilea, trumpeter

        such an amendment? I am loath to amend the Constitution, but in a post Citizen's United world, it's something we have to consider.

        "That the people have a right to bear arms for the defence of themselves and the State ..."- Vermont Constitution Chapter 1, Article 16

        by kestrel9000 on Wed Nov 21, 2012 at 06:34:08 AM PST

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      •  The problem with including some explicitly (2+ / 0-)
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        otto, gerrilea

        is the tendency to then argue that all others are implicitly excluded.
        So, for example, the provisions about arrest and interrogation are evaded by arguing that the enumerated prohibitions are not in effect for detentions. So, law enforcers have learned to exact all kinds of information from unwitting individuals who are keen to comply with requests.
        How do we instill respect for human rights?

        We organize governments to provide benefits and prevent abuse.

        by hannah on Wed Nov 21, 2012 at 06:47:24 AM PST

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        •  no; the 9th kicks ass (5+ / 0-)
          Amendment IX

          The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

          Please don't dominate the rap, Jack, if you got nothin' new to say - Grateful Dead

          by Cedwyn on Wed Nov 21, 2012 at 06:52:59 AM PST

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          •  True. But how to enforce the provision against (2+ / 0-)
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            otto, gerrilea

            recalcitrant agents of government? The information obtained in violation of rights cannot be used to prosecute is hardly a deterrent to agents whose interest lies in harrassing citizens by assaulting seven hundred thousand pedestrians in New York. The only effective enforcement is for disrespectful and insubordinate agents to be fired and that requires constant vigilance on the part of citizens. Words in a document won't do it, especially not when legislators routinely employ the law to deprive individuals of rights in order to demonstrate how powerful they are.
            Threatening the citizenry with austerity is the height of Congressional insubordination. They've been hired to provide for the general welfare. "Protection" is not an appropriate alternative.

            We organize governments to provide benefits and prevent abuse.

            by hannah on Wed Nov 21, 2012 at 07:48:18 AM PST

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