55
   

AMERICAN CONSERVATISM IN 2008 AND BEYOND

 
 
ican711nm
 
  -1  
Reply Sun 3 May, 2009 12:05 pm
Whether or not waterboarding captured terrorists in an effort to learn about terrorist plans to murder civilians before such plans are executed, is or should be against the law, are good questions. But whether or not President Obama is worse than was President Bush is a far better question.

Bush violated the Constitution. Obama is violating the Constitution.

Bush gave money that people and organizations lawfully earned to people and organizations who did not lawfully earn it.

Obama is giving far more money that people and organizations lawfully earn to people and organizations who are not lawfully earning it.

Bush is no longer President, but Obama is currently President. Bush is no longer damaging our Constitutional Republic. But Obama is currently damaging our Constitutional Republic.

Obama must be lawfully compelled to stop damaging our Constitutional Republic.

More and ever growing TEA PARTIES are one way to help accomplish that.

parados
 
  1  
Reply Sun 3 May, 2009 12:27 pm
@mysteryman,
When did the courts pass laws?

Just because you don't agree with their ruling doesn't mean they "passed laws." It only means they interpreted a law(the constitution) different from what you think it should be. If the abortion opponents really wanted to ban abortion they only need to change the constitution which is the law the SC ruled on.

I find it interesting that with all the whining about how the court passed laws there is no real push to actually change the law the courts interpreted. That fact I think says quite clearly where the voters stand. They are just fine with the constitution as written and as interpreted.
ican711nm
 
  1  
Reply Sun 3 May, 2009 01:23 pm
@Debra Law,
Debra Law wrote:
What is the overarching problem with people who identify themselves as conservatives?

The evidence reveals five major (interrelated) flaws in their characters: 1) xenophobia; 2) narcissism; 3) duplicity; 4) rejection of rational and intellectual discourse; and 5) lack of empathy (humanity).


What reliable evidence about conservatives "reveals five major (interrelated) flaws in their characters: 1) xenophobia; 2) narcissism; 3) duplicity; 4) rejection of rational and intellectual discourse; and 5) lack of empathy (humanity)?"

Absent such evidence, this statement of yours all by itself reveals you, Debra Law, to be a bigot with these "five major (interrelated) flaws in your character: 1) xenophobia; 2) narcissism; 3) duplicity; 4) rejection of rational and intellectual discourse; and 5) lack of empathy (humanity)."

Conservatives disagree among themselves on a number of issues. However, they are almost unanimous when it comes to the following issues:

(1) All human beings are members of the human race, and are equally endowed by their creator with the unalienable rights to life, liberty and the pursuit of happiness, regardless of their skin color, gender. age, or ethnicity.

(2) The federal government is violating the Constitution of the United States when any one or more of its members acts to amend the Constitution without complying with Article V of the Constitution.

(3) The federal government is violating the Constitution of the United States when it transfers wealth from those who lawfully earned it to those who have not lawfully earned it;

(4) The federal government is acting irresponsibly when it currently spends far more than it lawfully currently collects in tax revenue;

(5) The federal government is acting irresponsibly when it lends money to persons or organizations who are incapable of providing valid evidence that they will be capable of paying off those loans by a date certain.



0 Replies
 
mysteryman
 
  1  
Reply Sun 3 May, 2009 01:34 pm
@parados,
Quote:
Just because you don't agree with their ruling doesn't mean they "passed laws." It only means they interpreted a law(the constitution) different from what you think it should be


To interpret the law, there first must be a law.

And there is NOTHING in the Constitution that mentions, implies, infers, or talks about abortion in any way.
If you are going to say that the "right to privacy" includes abortion, then lets discuss that.
I dont think it does, unless you want to include EVERYTHING done in the privacy of your own home as being protected by that right.

Are you willing to do that?
A Lone Voice
 
  1  
Reply Sun 3 May, 2009 01:39 pm
@Debra Law,
Quote:

Waterboarding is torture. A state of war does not authorize the government to redefine torture as an Orwellian means to justify it.

The Reagan administration set case precedent in 1983 when the Department of Justice prosecuted law enforcement officers for waterboarding a prisoner. Here's the Fifth Circuit case that affirmed the conviction of one of the participants in the torture:

United States v. Lee, 744 F.2d 1124 (5th Cir. 1984)

Why wasn't this case cited in any of the government's memos?



Terrible argument, Deb. Seriously, you're an attorney?

Law enforcement officers are also not allowed to throw hand grenades into rooms to clear buildings.

I certainly hope you recognize what the military does in time of war in comparison to police officers upholding the peace?

Since you fail to tell me where you stand re some of today's controversial issues, I take it that you are either:

- Embarrassed in your beliefs, or,

- Afraid some here will correctly identify you as a far left ideologue.

If you continue top dodge and twist, why are you bothering to respond?

I've asked you a number of simple questions. SERE? Why are the trainers not prosecuted? Is it the act itself?

I’m not going to bother to repeat my questions AGAIN. Feel free to browse back and answer them, though…
mysteryman
 
  1  
Reply Sun 3 May, 2009 01:44 pm
@Diest TKO,
Quote:
Say you get your way. And this state has abortion. That state doesn't. Are you then satisfied?


Yes, because that would then be the will of the people of each state, and not the demands of other people.
IMHO, it falls under the 10th amendment, or its a states rights issue.

If the voters of Ca want to legalize abortion, thats their right.
BUT, that does not give them the right to tell the people of Arizona or Nevada how to live.
So if those states decide not to legalize abortion, that should be their right also.
Laws made for Los Angeles are not always right or applicable for rural Az.

Quote:
What you'll see is the problem in your idea. If this state has it and that state doesn't, you'll has obstructionists making those legal services impossible to obtain.


I dont think so.
If its legal in Ca, then thosse opposed can leave the state.
If they try to obstruct the LEGAL conduct, then arrest them.

Quote:
our laws must be fair and rational


Since when?
There are thousands of laws that are neither fair or rational.
A Lone Voice
 
  1  
Reply Sun 3 May, 2009 01:49 pm
@Diest TKO,
Diest TKO wrote:

A Lone Voice wrote:

I agree with your position on abuse and torture. I do not agree that waterboarding is torture.

This is the crux of the debate correct? If you don't believe it's torture, you do so based on what?

T
K
O



On the fact that the Bush admin obtained clearance from congress; it is a method used on the US military in training; it is psychological in nature; it is conducted under medical supervision; it is being used on terrorists in time of war.

Deb's lame comparison to police officers aside, it would certainly not be acceptable on civilians. And before you ask, no, I do not consider the terrorists who were waterrboarded civilians.

Do you believe everyone in the government who knew the US was waterboarding and condoned the actions should be prosecuted?

Advocate
 
  1  
Reply Sun 3 May, 2009 03:07 pm
It is a bald-face lie to say that waterboarding is not torture. Those who say this lack any credibility.
0 Replies
 
Debra Law
 
  0  
Reply Sun 3 May, 2009 05:18 pm
@A Lone Voice,
Debra Law wrote:

Waterboarding is torture. A state of war does not authorize the government to redefine torture as an Orwellian means to justify it.

The Reagan administration set case precedent in 1983 when the Department of Justice prosecuted law enforcement officers for waterboarding a prisoner. Here's the Fifth Circuit case that affirmed the conviction of one of the participants in the torture:

United States v. Lee, 744 F.2d 1124 (5th Cir. 1984)

Why wasn't this case cited in any of the government's memos?



A Lone Voice wrote:
Terrible argument, Deb. Seriously, you're an attorney?


Seriously, you're an ignorant a$$, aren't you? Your attack on my character doesn't strengthen your argument one iota. You have not demonstrated any knowledge or comprehension concerning the legal research that must be conducted in order for a lawyer to write a valid legal memorandum.

Although there exists considerable precedent to establish that water torture is torture, Bush Administration lawyers ignored all of it when they constructed the memos. It is professional misconduct to ignore or to fail to distinguish controlling or persuasive precedent when advising a client. Because existing controlling and persuasive precedent was wholly ingored by otherwise competent counsel in violation of our professional rules of conduct, we may reasonably infer that it was ignored because it contradicted the predetermined "legal" conclusion and undermined the purpose of the memo to cover Bush's ass.

What happened to the TEXAS law enforcement officers who water tortured prisoners in order to coerce confessions? The DOJ under the Reagan Administration prosecuted the offenders. The offenders were convicted and sent to prison. A legally valid memorandum would accurately report the case and state legally cognizable grounds, if any exist, for distinguishing it.

What happened to the soldiers who were serving during the Vietnam War and who water tortured their captives?

http://www.geocities.com/daveclarkecb/NewPhotos/WaterTorture.jpg

Weren't they court-martialed for torturing prisoners in violation of the rules of war? Look it up. Why wasn't this controlling precedent included in the legal memos? It was ignored along with the entire body of legal precedence concerning water torture because it undermined the purpose of the memos. Again, an attorney's most fundamental duty to a client (or to a court) is to be candid and scrupulously accurate. Legal contentions must be warranted by existing law. Legal contentions cannot be formed in the absence of a reasonable inquiry. Any reasonable inquiry would have informed a competent lawyer that waterboarding has been condemned as torture not only by international authorities, but by United States authorities as well.
DontTreadOnMe
 
  1  
Reply Sun 3 May, 2009 06:10 pm
@mysteryman,
mysteryman wrote:
...
If its legal in Ca, then thosse opposed can leave the state....


wouldn't it just be simpler to leave things as they are; i.e. if you don't believe in abortion, don't have one. if ya do, well then at least you know that the procedure will be safe.

i've thought about your solution before. something that could crop up again, could be arrests for interstate transport for illegal purposes or what not. i fear that if we did it your way, anti-abortion activists would hound the states to find a new obstruction to a woman's choice to reproduce or not.

see what i mean?
0 Replies
 
parados
 
  2  
Reply Sun 3 May, 2009 06:35 pm
@mysteryman,
You may think so but that isn't the way the courts saw it.

The constitution is a law.
The constitution says that rights not included in the constitution are still reserved to the people.
The constitution says the Supreme Court rules on laws.

I don't have to include everything in the right to privacy since all rights are weighed against other rights. If you want to argue that rights are absolute then you would have to argue that you can yell fire in a crowded theater under the constitution. There is no "all or nothing" when it comes to rights. The courts have said as much.
0 Replies
 
parados
 
  1  
Reply Sun 3 May, 2009 06:38 pm
@mysteryman,
There is a small problem with that MM. If one state allows abortion and another doesn't then what happens when a woman from a state that doesn't allow it travels to one that does in order to have an abortion?

Can the state that doesn't allow it prevent her from traveling?
Can one state charge her with a crime when she returns after having the abortion in another state?
Are the rights of those unable to travel infringed upon compared to those that can?

Allowing one state to have abortions and another to criminalize it opens up an issue that can only be answered by the Federal courts.
0 Replies
 
A Lone Voice
 
  1  
Reply Sun 3 May, 2009 06:46 pm
@Debra Law,
I'm well aware how precedence is used in our legal system. And you are really reaching when you attempt to use the actions of civilian police officers as precedence when evaluating the actions of our military in time of war.

Or maybe you can show me prior case decisions where this has occurred?

Court martial for waterboarding during the Vietnam War? For waterboarding only, or was that included in other torture charges? You know, like the Japanese soldiers who were executed? Some here seem to ignore that waterboarding was not the only tactic used by them.

Looks like you are not going to address my earlier questions; a usual tactic of those here who want to avoid true discussion and just post their ideologue rants.

Really, Deb. You keep throwing out these random thoughts instead of addressing the issues I already raised.

Nice try, but it really isn't working, is it?

Should those who waterboard during SERE training be prosecuted? If they became rather too enthusiastic and beat a person during training, they would certainly face charges and discipline. Why not for the act of waterboarding?

Quote:

No one but the most physically fit are qualified for this training. The SERE training program was designed to assist our people to survive torture, i.e., ILLEGAL methods of interrogation. During the training, the trainee may signal when he has had enough and the training ends. No such safeguards are employed in real life (non-training) situations. A medical observer may be present, but his mission is to keep the torture victim alive so that the torture may continue.



Just answer the question, Deb.


Let's say this issue weaves its way through the court process, as you and others are demanding. If it comes before our Supreme Court and the justices there determine no 'torture' occurred by a 5-4 vote, would this satisfy you?


I asked you to point out when 'abuse' becomes torture, and you respond with an anti-conservative rant, and still don't answer the question?

Just answer the questions, Deb.


Quote:

This is another example of the depraved "conservative" mindset. Conservatives blur the line between abuse and torture in order to distort the truth. They refuse to acknowledge that cumulative abuse is torture. They also refuse to acknowledge that abuse is just as illegal and immoral as torture.



Then there's this, when I point out my observations re selective outrage from the left:

Quote:

Why is this a left vs. right issue? Are you stating you're on the "right" and that you have no empathy or outrage whatsoever about the suffering of the civilian population or the intentional infliction of abuse and torture upon government detainees?



Liberal members of congress condoned waterboarding. Should they also be prosecuted? Or are we witnessing selective outrage?

Take the emotion out of the argument, Deb, and apply the logic of law.

Aren't lawyers supposed to do this?

Diest TKO
 
  1  
Reply Sun 3 May, 2009 07:23 pm
@A Lone Voice,
I asked...
Diest TKO wrote:

A Lone Voice wrote:

I agree with your position on abuse and torture. I do not agree that waterboarding is torture.

This is the crux of the debate correct? If you don't believe it's torture, you do so based on what?

T
K
O


You replied...

A Lone Voice wrote:

On the fact that the Bush admin obtained clearance from congress;

As pointed out, they were not upfront about techniques and the memos drafted were tailored to a legal end that they wanted. If they omitted legal information to congress to specifically get the permission you refer, then is it congress's fault?

A Lone Voice wrote:

it is a method used on the US military in training;

Yes. A method for being able to withstand ILLEGAL interrogation techniques.

A Lone Voice wrote:

it is psychological in nature;

So is a simulated fake execution, but that is illegal. It's illegal specifically because of it's psychological in nature.

You omit waterboarding's physical nature in your answers.

A Lone Voice wrote:

it is conducted under medical supervision;

If I stick pins in you, slap you lightly repeatedly, or pluck your hairs out one by one is it not torture if done with medical supervision? I mean, those are even less likely to cause permanent damage than waterboarding. What about medical supervision makes it not torture?

A Lone Voice wrote:

it is being used on terrorists in time of war.


So the same act would be torture if not in a time of war?
So the same act if done on a soldier would be torture?

When did we declare war?
Do other legal terms like theft become null if done to a terrorist?
What trial found these people guilty of being a terrorist and thus by your reasoning made them eligible for a method that would be torture for any other person?

A Lone Voice wrote:

Deb's lame comparison to police officers aside, it would certainly not be acceptable on civilians. And before you ask, no, I do not consider the terrorists who were waterboarded civilians.

No not aside. You've not answered to this. What these officers did was the exact same act. It was torture. No circumstances such as a kidnapped girl or any other ticking bomb threat would have redefined the act they did as anything other than torture. Perhaps a court in those circumstances would have found them innocent by means of temporary insanity (as in they had no care for the consequences) but even a verdict saying they were innocent would not have changed the definition. Do you understand this?

A Lone Voice wrote:

Do you believe everyone in the government who knew the US was waterboarding and condoned the actions should be prosecuted?

Sure.

I thought you'd give me something harder ALV.

T
K
O
Diest TKO
 
  1  
Reply Sun 3 May, 2009 07:32 pm
@mysteryman,
MM - You didn't watch the documentary did you?

As ALV pointed out what you will see is pro-life groups lobbying obstructionist measures involving state to state issues.

In the documentary, it follows the only abortion clinic in all of the state of Mississippi (yes, there is only one). It shows how these groups create obstruction from seeking services in other states outside of MS. So even if you had your way and this state went this way and that state went the other, the pro-life states could still impose obstructions on people seeking services in other states.

If you don't like the court making a ruling on the right to privacy, then why go straight to a state ballot? Why bypass the normal legislature? That's why we live in a republic right?

T
K
O
0 Replies
 
Diest TKO
 
  1  
Reply Sun 3 May, 2009 07:33 pm
@mysteryman,
MM - You didn't watch the documentary did you?

As ALV pointed out what you will see is pro-life groups lobbying obstructionist measures involving state to state issues.

In the documentary, it follows the only abortion clinic in all of the state of Mississippi (yes, there is only one). It shows how these groups create obstruction from seeking services in other states outside of MS. So even if you had your way and this state went this way and that state went the other, the pro-life states could still impose obstructions on people seeking services in other states.

If you don't like the court making a ruling on the right to privacy, then why go straight to a state ballot? Why bypass the normal legislature? That's why we live in a republic right?

EDIT: Since when have our laws been reasonable or rational? Touche'. I can only hope that they are someday. I don't think they are all irrational, but I think they should be. Do you disagree that this is an appropriate goal?

T
K
O
0 Replies
 
cicerone imposter
 
  1  
Reply Sun 3 May, 2009 09:41 pm
@Debra Law,
It wasn't only during the Vietnam war; all the current Advocate Generals of all the branches of service have declared waterboarding illegal. That should be enough for all these conservatives trying to justify waterboarding as okay. They want to defy domestic, military, and international laws to justify waterboarding. No wonder the conservative party is shrinking so fast.
0 Replies
 
Debra Law
 
  1  
Reply Mon 4 May, 2009 01:53 am
@A Lone Voice,
A Lone Voice wrote:

I'm well aware how precedence is used in our legal system. And you are really reaching when you attempt to use the actions of civilian police officers as precedence when evaluating the actions of our military in time of war.


You haven't demonstrated any awareness let alone knowledge of the subject. You have nothing of substance to offer this discussion so you resort to attacking my character and posting nonsensical dribble.

Torture is torture regardless of the identity of the perpetrator. Both our civilian and military authorities are prohibited from torturing detainees.

Quote:
Or maybe you can show me prior case decisions where this has occurred?


What the hell are you talking about? You're not making any sense and that is your modus operandi. Both our civilian and military authorities are prohibited from torturing detainees.

Quote:
Court martial for waterboarding during the Vietnam War? For waterboarding only, or was that included in other torture charges? You know, like the Japanese soldiers who were executed? Some here seem to ignore that waterboarding was not the only tactic used by them.


Look it up. I showed you a famous picture of a U.S. soldier performing water torture on a prisoner. That soldier was court-martialed for what he was caught doing as evidenced by the picture. It should be very easy for you to educate yourself. Look it up.

Quote:
Looks like you are not going to address my earlier questions; a usual tactic of those here who want to avoid true discussion and just post their ideologue rants.


I responded to your posts. You don't return the courtesy. You're simply employing one of Foxfyre's favorite ploys by accusing others of your own sins.

Quote:
Really, Deb. You keep throwing out these random thoughts instead of addressing the issues I already raised.


I post substance, and you post dribble like the above.

Quote:
Nice try, but it really isn't working, is it?


More dribble. Please make a valid argument.

wandeljw
 
  1  
Reply Mon 4 May, 2009 08:59 am
Quote:
How a Supreme Court Case Tore the Republican Party in Two
(By MARCI A. HAMILTON, FindLaw Commentary, April 30, 2009)

The Supreme Court's decision in Roe v. Wade -- recognizing a woman's right to choose an abortion with the consultation of her doctor -- has served as a kind of cement, bonding conservatives who are opposed to the decision. The ruling brought together evangelical Christians, Catholics, and Orthodox Jews into a novel political marriage. And in turn, their united power led to a revolution within the Republican Party.

In the course of this revolution, the party was transformed from one identified primarily with fiscal conservatism and libertarian principles, to one primarily identified with the evangelical Christians who rose to their apex of power in the Bush Administration. Now, however, single-minded opposition to the decision appears to be the reason for the decreasing size (and, therefore, power) of the Party.

Sen. Arlen Specter's recent shift from the Republican to the Democratic Party was apparently motivated in part by his wish to avoid a Republican primary. He's been in the Party for decades, and understandably felt betrayed by the fact that more conservative forces were willing to force him to go through a rough primary, rather than allowing him to proceed into the election as the party's consensus candidate. There is much more at issue here than that consideration, however. Top Republicans have been trying to play this as solely a move by Specter, but it is equally a move by the Party itself.

The morning after Specter switched sides, Sen. Olympia Snowe wrote in a New York Times op-ed that the Republican Party is risking permanent minority status by shoving aside those in the party who are moderates like Specter and herself. Nationally- syndicated radio personality Michael Smerconish said the same thing on television: Super-personalities like Rush Limbaugh and Sean Hannity have become the de facto leaders of a party with no true leaders. They have no time or respect for so-called "moderates" and have worked hard to turn the label "Republican" into a synonym for someone who agrees with them.

How did we get here? If moderates are no longer welcome in the Republican Party -- to the point that the Party will not do everything it possibly can to keep Arlen Specter from becoming the Democrat Party's veto-proof 60th vote -- then this is truly a new era. Archconservatives have been saying for years that they never would have appointed Justice Sandra Day O'Connor, also a moderate, but this is the first hard evidence that the Republican Party will make no effort whatsoever to keep moderates in the fold. It is one thing to prefer one Republican over another for an appointment to the Supreme Court, and quite another to happily escort long-time members of the Party out the door to join the opposing camp.

The question, then, is what does "moderate" really mean in this context? I would posit that Roe v. Wade is the subterranean fault line here. Those Republicans who are within the "fold" are those opposed to Roe v. Wade. Those who are actually being forced out, like Specter, or who understandably feel as though they are, like Snowe, have been protective of Roe. There is no other issue that can be trusted as much to explain who is in and who is out with respect to the Party at this time. (The abortion issue, of course, is not an isolated one; it also extends its tentacles to the stem cell debate, public support for contraception, and conscience clauses, which I discussed in a previous column.)

What is most fascinating to me, though, is that those who are pushing moderates out of the Party are the people who came into the Party on a single issue " opposition to Roe. They were one-issue voters and activists, and they have now accumulated enough power within the Party to push out those who disagree with them on that one Supreme Court case and issue. They are doing it with glee, if one listens to the radio talk shows taking Specter down. And they seem to be doing it without any regard for the fact that they are losing power, and will continue to lose power if they stay on the path that pushes those like Specter out the door. Moreover, power never stays still. As those in control of the Republican Party now seek to push moderates out, those like Snowe and Specter react and speed the Party's trip downhill. Thus, there is never a "balance" of power in politics so much as there is constantly shifting movement. Right now, the direction of that movement, which is gaining speed, does not bode well for those currently in the Republican enclave.

Thus, the Supreme Court can be credited with this current division within the Party, but that does not mean that Roe was necessarily wrongly decided. There is no constitutional requirement that there be two political parties of relatively equal strength, or even that there be parties at all. Parties are political, pure and simple, and to the victor go the spoils.

If the feelings of Specter and Snowe signal a new willingness to publicly reject the new Republican Party and, implicitly, to buck its strong anti-Roe politics, then the Party really is in trouble. The current composition of the Supreme Court, which was dictated in no small amount by anti-Roe sentiment, will be of no assistance if the Party wants to revive itself. The conservative Justices are poised to either overturn Roe or water it down even further. They will be a constant reminder for years, if not decades, of the fault line that pushed the Party apart. To the extent that the Justices take a hard line against Roe, and political moderates see such a concrete result as attributable to the Bush Administration's close relationship with the anti-abortion movement, those same moderates are likely to find more comfort on the Democrat side of the line, rather than the Republican side.

The Supreme Court, therefore, will have initially triggered a Republican downturn of tremendous proportions. But the real culprit in the downward trending of the Republican Party is the takeover of the Party by those who treated Roe as the only issue. The United States is far too complex, large, and populated for any single issue to successfully unite a political party. The Supreme Court may be the least powerful branch, but let it never be said that it is powerless. If Republicans do want to ever return to power, that return is clearly not going to be accomplished by revisiting the recent past.
cicerone imposter
 
  1  
Reply Mon 4 May, 2009 10:19 am
@wandeljw,
From wandel's article that deserves repeating:

Quote:
Nationally- syndicated radio personality Michael Smerconish said the same thing on television: Super-personalities like Rush Limbaugh and Sean Hannity have become the de facto leaders of a party with no true leaders. They have no time or respect for so-called "moderates" and have worked hard to turn the label "Republican" into a synonym for someone who agrees with them.
0 Replies
 
 

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