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Forums » Telecom Immunity Bill Vote Delayed » I'd favor indemnifying the telcos...
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amigo_boy

join:2005-07-22
Tempe, AZ
·Cox HSI
·magicjack.com

reply to huntml
Re: I'd favor indemnifying the telcos...

said by huntml See Profile :

We don't know that the amendments to FISA serve to retroactively legalize what the admin. was doing, because *we don't know what they were doing*.
You need a girlfriend. There's a presumption that Congress is aware of what "[the administration] were doing" and the amendments reflect Congress's good-faith effort to ameliorate the potential for shortcomings while filling the "dire hole" you admitted needed to be fixed. (Balance of powers, and all.).

You're assuming that the amendments have no relation to what happened. Or, that you can't trust Congress acted appropriately. That's the way representative democracy works. If you don't like it, run for office. That would be more in line with the Constitutional intent than sinking to civil court for monetary damages.

Mark


huntml

join:2002-01-23
Mullica Hill, NJ
·Comcast


1 edit
said by amigo_boy See Profile :
You need a girlfriend.
My wife of twenty-one years would *probably* beg to differ with you.

quote:
There's a presumption that Congress is aware of what "[the administration] were doing" and the amendments reflect Congress's good-faith effort to ameliorate the potential for shortcomings while filling the "dire hole" you admitted needed to be fixed. (Balance of powers, and all.)

You're assuming that the amendments have no relation to what happened. Or, that you can't trust Congress acted appropriately. That's the way representative democracy works. If you don't like it, run for office. That would be more in line with the Constitutional intent than sinking to civil court for monetary damages.
Maybe you are right, maybe not. As I mentioned, there are many cases in American law, in environmental law, labor law, etc., where civil actions brought against the executive branch, by citizens with standing and grievance, have led to injunctions forcing the executive to do the right thing, even, no especially, in cases where it flouted legislative will, knowing that the legislature was too fractured/ununified to cite it for contempt.

To me, this looks like just such a case.


amigo_boy

join:2005-07-22
Tempe, AZ
·Cox HSI
·magicjack.com

said by huntml See Profile :

As I mentioned, there are many cases in American law, in environmental law, labor law, etc., where civil actions brought against the executive branch, by citizens
Again, you're mixing examples. Filing suit against the executive branch would be the "normal" Constitutional process. Skipping that to impact a business that followed the executive branch in good faith looks like a cheap shot.

Mark
Forums » Telecom Immunity Bill Vote Delayed« It's quiet here today  


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