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Branches of Government Debate topics of the legislative, executive, and judicial branches of Government.

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Old 08-06-2006, 07:57 PM   #201 (permalink)
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Originally Posted by Dylan View Post
Actually, the Geneva conventions apply to the country holding the prisoners. America ratified them.

The country which ratifying the convention is not obligated to the terms of the convention if the foe themselves never ratified it.
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Old 08-06-2006, 07:58 PM   #202 (permalink)
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Originally Posted by Dylan View Post
Source please. Making up more crap is not a source. Here's a dictionary definition if you need help.

source Audio pronunciation of "source" ( P ) Pronunciation Key (sôrs, srs)
n.

1. The point at which something springs into being or from which it derives or is obtained.
2. The point of origin, such as a spring, of a stream or river. See Synonyms at origin.
3. One that causes, creates, or initiates; a maker.
4. One, such as a person or document, that supplies information: A reporter is only as reliable as his or her sources.
5. Physics. The point or part of a system where energy or mass is added to the system.

Probably any newspaper from December '05. The best bet would be the NY TIMES.
Old 08-06-2006, 08:06 PM   #203 (permalink)
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Hence the existence of "international law." I mentioned that non-Americans would be and should be covered by the Geneva Conventions. There are Americans who are being held too, and they should be afforded their rights by the Constitution.


Last time I checked, it doesn't say that the executive can suspend all rights for some people based on a vague threat. It says "clear and present danger."

This is not a clear and present danger. It is muddled. There is no nation of terrorism.

The courts have the power of Judicial Review, and I'm sure the SCOTUS knows everything the President does. It'd be pretty dysfunctional if the POTUS wasn't sharing important information, wouldn't it?
And round and round we go...

It may be your opinion that terrorism is not a threat. But that opinion is not shared by the executive. And he has the constitutional authority to make that deternation and to act upon it.

The courts do not have absolute authority. Everyone likes to talk about the "separation of powers" yet those people never seem to quite understand that powers are also separated AWAY from the legislative and judiciary. The power of the executive is not dependent upon the aquiescence of the legislative or judiciary. just like the power of the legislative is not dependent upon the aquiescence of the executive. And so on.

Which is why it is not at all dysfunctional that USSC does not have "important information" which the executive has. The judiciary does not have authority in determining USA foreign policy or security policy.That is, constitutionally, the authority of the executive.
Old 08-06-2006, 08:07 PM   #204 (permalink)
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Originally Posted by ZX3 View Post
Probably any newspaper from December '05. The best bet would be the NY TIMES.
The burden of proof is on you, friend. I never heard anything about what you claim is true, and I read the New York Times every day.
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Old 08-06-2006, 08:10 PM   #205 (permalink)
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And round and round we go...

It may be your opinion that terrorism is not a threat. But that opinion is not shared by the executive. And he has the constitutional authority to make that deternation and to act upon it.
Actually, it is the judicial branch's job to interpret the Constitution, and the president's job to enforce it. The courts have the Constitutional authority, and the president does not.

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The courts do not have absolute authority. Everyone likes to talk about the "separation of powers" yet those people never seem to quite understand that powers are also separated AWAY from the legislative and judiciary. The power of the executive is not dependent upon the aquiescence of the legislative or judiciary. just like the power of the legislative is not dependent upon the aquiescence of the executive. And so on.
The power of Judicial Review belongs to the court, not the president, as established by Marbury vs. Madison.

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Which is why it is not at all dysfunctional that USSC does not have "important information" which the executive has. The judiciary does not have authority in determining USA foreign policy or security policy.That is, constitutionally, the authority of the executive.
The judiciary has the right to decide what the other branches and their own branch can and cannot do, according to the Constitution.
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Last edited by Dylan; 08-06-2006 at 08:18 PM.
Old 08-06-2006, 08:17 PM   #206 (permalink)
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Actually, it is the judicual branch's job to interpret the Constitution, and the president's job to enforce it. The courts have the Constitutional authority, and the president does not.


The power of Judicial Review belongs to the court, not the president, as established by Marbury vs. Madison.


The judiciary has the right to decide what the other branches and their own branch can and cannot do, according to the Constitution.
Yes, and the Constitution gives control of foreign policy to the executive. If the executive decides terrorism is a threat and he acts upon it, he has that constutional authority. The courts do not have the authority to rule otherwise.
Old 08-06-2006, 08:19 PM   #207 (permalink)
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Yes, and the Constitution gives control of foreign policy to the executive. If the executive decides terrorism is a threat and he acts upon it, he has that constutional authority. The courts do not have the authority to rule otherwise.
Imprisoning people from America and abroad without protection of the laws is not allowed under the Constitution or International Law, which we are responsible for respecting, since we make such a fuss about other nations upholding.
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Old 08-06-2006, 08:33 PM   #208 (permalink)
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Imprisoning people from America and abroad without protection of the laws is not allowed under the Constitution or International Law, which we are responsible for respecting, since we make such a fuss about other nations upholding.

That is not true. You may wish it be so, and maybe it should be, but it isn't the case. Arned brigands, private millitias are simply not afforded the same protections which more established and organised units are.
Old 08-06-2006, 08:35 PM   #209 (permalink)
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That is not true. You may wish it be so, and maybe it should be, but it isn't the case. Arned brigands, private millitias are simply not afforded the same protections which more established and organised units are.
That's odd, because the SCOTUS and the Geneva Conventions say otherwise.
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Old 08-06-2006, 08:40 PM   #210 (permalink)
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That's odd, because the SCOTUS and the Geneva Conventions say otherwise.

SCOTUS said otherwise. But they did not have the authority to make such a decision. The Geneva Convention does not treat every Tom, Dick or Harry who picks up a gun the same as an established armed force.
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