Publications

August 2006 Archive


Too Weak a Condemnation

This article appeared in the August 29, 2006 issue of the Washington Times.

United States District Judge Anna Diggs Taylors suboptimal opinion in American Civil Liberties Union v. National Security Agency (August 17, 2006) too weakly condemned President George W. Bushs warrantless electronic surveillance program as flagrantly illegal under the Foreign Intelligence Surveillance Act of 1978 (FISA).

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A More Secret Government

This article appeared in the August 22, 2006 issue of the Washington Times.

Press ability to publicize chronic government lawlessness or follies was crippled by U.S. District Judge T.S. Ellis III in United States v. Rosen and Weissman (Aug. 9, 2006). Against a First Amendment attack, the district judge sustained the Espionage Act's prohibition of publishing to an authorized person nonpublic "information relating to the national defense" that might damage the United States or be useful to an enemy. The U.S. 4th Circuit of Appeals should reverse.

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Excessive Casualties?

This article appeared in the August 15, 2006 issue of the Washington Times.

Has Israel used unnecessary force to cripple or destroy Hezbollah?

About 1,000 Lebanese have been killed. Many have been civilians placed in harm’s way by Hezbollah guerrillas. More than 3,000 have been injured, and tens of thousands have been displaced. Hezbollah has fired approximately 3,650 rockets at Israeli civilians, killing 51 and injuring 430. At present, it remains a viable fighting force, and civilian casualties on both sides are not diminishing.

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Declaring War on the Constitution

This article appeared in the August 8, 2006 issue of the Washington Times.

The Cheney-Specter National Security Surveillance Act of 2006 (S.2453) constitutes a virtual declaration of war on the Constitution. It would mutilate constitutionally protected privacy, cripple checks and balances, and inhibit political dissent. The bill’s profoundly anti-constitutional philosophy is that “trust the president” should be the measure of our civil liberties.

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Great Usurpations

This article appeared in the August 1, 2006 issue of the Washington Times.

Presidential signing statements that declare an intention to disregard provisions of a bill passed by Congress that the president has signed into law because he believes them to be unconstitutional constitute great usurpations of the power to legislate. They flout the language and original intent of the Presentment Clause, Article I, section 7, clause 2; and, the president’s obligation under Article II, section 3, to “take Care that the Laws be faithfully executed.”

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