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View Diary: The Fight Is Not Over On FISA (51 comments)

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  •  Not a lawyer or anything, but it seems to me, (6+ / 0-)
    Recommended by:
    tmo, Skid, Lovo, Neon Mama, dzog, Johnny Q

    neither the Legislative or Administrative branch of the government has the power to pass law or enforce law contrary to the Constitution. The Judicial branch will come forward to declare this breach of the 4th Amendment null & void. I believe the ACLU has already stepped up to the plate to bring it before the court.

    "Those who make peaceful revolution impossible will make violent revolution inevitable." - JFK

    by moose67 on Wed Jul 09, 2008 at 05:20:51 PM PDT

    •  I am a lawyer or something and I agree. (1+ / 0-)
      Recommended by:
      Skid

      It's not a matter of the whole FISA bill being "null and void," however.  It's more a matter of a court refusing to apply it in certain ways that would be unconstitutional, on an issue by issue basis.  It's a rat's nest!

      •  Have you read the FISAAA legisltion as passed? (0+ / 0-)

        Does it have a non-severability clause?

        If not, can we sneak on into it in conference?

        "Without bitterness, all chocolate is a Hershey bar." -- Harry Shearer

        by tbetz on Wed Jul 09, 2008 at 05:34:35 PM PDT

        [ Parent ]

        •  There is no conference (1+ / 0-)
          Recommended by:
          tbetz

          The bill has been passed in identical form by both houses and is on its way to the White House.

        •  Section 401. SEVERABILITY (1+ / 0-)
          Recommended by:
          tmo

          If any provision of this Act, any amendment made by this Act, or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the Act, of any such amendments, and of the application of such provisions to other persons and circumstances shall not be affected hereby.

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