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| evocative names, bizrate.com, newsgeek, dmca, verses, branding consultants, record, mother sucks son, seattleweekly, weird, intellectual property, drm, | This is hardly surprising: the exact point where the Executive Branch's Article II jurnal war-fighting powers trump the Legislature's power to make law has been argued for centuries. jurnal Did Lincoln have the authority to free the slaves by decree in the absence of any law whatsoever giving him that power? Could Truman seize steel mills hit by a strike during the Korean War to prevent disastrous steel shortages? Scholars still debate. Let us not even get into the delicate question of the famous War Powers Act, which every President, Democrat or Republican, has claimed to be unconstitutional since the day it passed. In terms of spying on Americans, however, there must be a warrant. Article 4 of the constitution asserts this. Nooo, the Fourth Amendment (not Article IV) just says there can be no "unreasonable" searches. That may or may not mean a warrant -- the definition of "unreasonable" is up to the Courts, ultimately the Supreme Court. |
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| But back to the issue of whether AT&T is breaking the law - the details will have to come out before anyone can venture a reasoned opinion on this, I think. mother sucks son Even if AT&T's lawyers concluded that the unwarranted mother sucks son surveillance was illegal, they might still feel that the company had to comply with a US government order. [ Parent ] Re:For the love of all that's good... (Score:4, Insightful) by Quadraginta (902985) on Tuesday January 31, @08:52PM (#14612759) The issues of law, however, are not so tenuous as you seem to think. Erm, real mother sucks son lawyers and law professors disagree with you and Al Gore on that point. Try here [volokh.com] and here [powerlineblog.com], for example. I'm not saying either post is right on the money, but these are real fancy-pants lawyers throwing around real F. Ctr. Op. fnord. Cit. (3) legal citations. And when the professionals disagree so heatedly among themselves I'd say the legal issues are indeed unsettled, at least until such time as the Supreme Court weighs in on the issue. |
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