tag:blogger.com,1999:blog-7321349.post115956950265429272..comments2024-03-18T22:21:33.261-07:00Comments on The Debate Link: They Know Not What They DoDavid Schraubhttp://www.blogger.com/profile/04946653376744012423noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-7321349.post-1159836325909172432006-10-02T17:45:00.000-07:002006-10-02T17:45:00.000-07:00Trickish knave, did you even read the post?No, Ada...<I>Trickish knave, did you even read the post?</I><BR/><BR/>No, Adam, I just read the first 5 1/2 lines of a post then make comments about it. Or am I not supposed to expound on the author’s post?<BR/><BR/>/sarcasm OFF<BR/><BR/><I>We don't know someone is a terrorist until there is a fair trial.</I><BR/><BR/>Did you read my post? It appears you have taken my statement regarding fanaticism and wrapped in a holier-than-thou blanket statement concerning people who 'might be' terrorists.<BR/><BR/>At the risk of offending you further with another WWJD comment, how can you seriously stand behind a passive wall of guilt and not take a stand against radical jihadists, of which my comments referred?<BR/><BR/>Spare me your pitiful attempt at self righteousness by calling me a moral coward and asking Almighty to 'forgive me'. I'm already forgiven, or didn't you read that part in Sunday school? Attacking religious beliefs instead of my original question appears more cowardly than me not turning the other cheek when it comes to Islamofacists.<BR/><BR/><I>If we simply assume that someone is a terrorist because they were in the wrong place at the wrong time, (or because they offended the wrong official) and then take away their right to a fair trial, that is a great injustice.</I><BR/><BR/>If it looks like a turd, if it smells like a turd… <BR/><BR/><I>If you call yourself a Christian, then you cannot think of WWJD as a "hypothetical." Jesus surely didn't think that dying on the cross for your sins was a hypothetical proposition.</I><BR/><BR/>You really need to reread my post and not let emotion dictate your responses. My WWJD had nothing to do with the hypotheticals of Christ’s divinity, only the hypotheticals of playing the what-if game with terrorists, or more specifically, turning the other cheek. It is shameful that people like you believe that defending yourself against evil is breaking the code of Jesus’ teachings. We are allowed to defend ourselves and our families; I leave the research of those verses to you.Trickish Knavehttps://www.blogger.com/profile/01696133416274723867noreply@blogger.comtag:blogger.com,1999:blog-7321349.post-1159633237535517602006-09-30T09:20:00.000-07:002006-09-30T09:20:00.000-07:00Hey, what do you think of this?Here's the link:htt...Hey, what do you think of this?<BR/><BR/>Here's the link:<BR/>http://www.washingtonpost.com/wp-dyn/content/article/2006/09/29/AR2006092901055.html<BR/><BR/>Here's the entire text, in caseyou don't have access to the Post:<BR/><BR/>Legislating Violations of the Constitution<BR/><BR/>By Erwin Chemerinsky<BR/><BR/><BR/>With little public attention or even notice, the House of Representatives has passed a bill that undermines enforcement of the First Amendment's separation of church and state. The Public Expression of Religion Act - H.R. 2679 - provides that attorneys who successfully challenge government actions as violating the Establishment Clause of the First Amendment shall not be entitled to recover attorneys fees. The bill has only one purpose: to prevent suits challenging unconstitutional government actions advancing religion.<BR/><BR/>A federal statute, 42 United States Code section 1988, provides that attorneys are entitled to recover compensation for their fees if they successfully represent a plaintiff asserting a violation of his or her constitutional or civil rights. For example, a lawyer who successfully sues on behalf of a victim of racial discrimination or police abuse is entitled to recover attorney's fees from the defendant who acted wrongfully. Any plaintiff who successfully sues to remedy a violation of the Constitution or a federal civil rights statute is entitled to have his or her attorney's fees paid.<BR/> <BR/>Congress adopted this statute for a simple reason: to encourage attorneys to bring cases on behalf of those whose rights have been violated. Congress was concerned that such individuals often cannot afford an attorney and vindicating constitutional rights rarely generates enough in damages to pay a lawyer on a contingency fee basis.<BR/><BR/>Without this statute, there is no way to compensate attorneys who successfully sue for injunctions to stop unconstitutional government behavior. Congress rightly recognized that attorneys who bring such actions are serving society's interests by stopping the government from violating the Constitution. Indeed, the potential for such suits deters government wrong-doing and increases the likelihood that the Constitution will be followed.<BR/><BR/>The attorneys' fees statute has worked well for almost 30 years. Lawyers receive attorneys' fees under the law only if their claim is meritorious and they win in court. Unsuccessful lawyers get nothing under the law. This creates a strong disincentive to frivolous suits and encourages lawyers to bring only clearly meritorious ones.<BR/><BR/>Despite the effectiveness of this statute, conservatives in the House of Representatives have now passed an insidious bill to try and limit enforcement of the Establishment Clause of the First Amendment, by denying attorneys fees to lawyers who successfully challenge government actions as violating this key constitutional provision. For instance, a lawyer who successfully challenged unconstitutional prayers in schools or unconstitutional symbols on religious property or impermissible aid to religious groups would -- under the bill -- not be entitled to recover attorneys' fees. The bill, if enacted, would treat suits to enforce the Establishment Clause different from litigation to enforce all of the other provisions of the Constitution and federal civil rights statutes.<BR/><BR/>Such a bill could have only one motive: to protect unconstitutional government actions advancing religion. The religious right, which has been trying for years to use government to advance their religious views, wants to reduce the likelihood that their efforts will be declared unconstitutional. Since they cannot change the law of the Establishment Clause by statute, they have turned their attention to trying to prevent its enforcement by eliminating the possibility for recovery of attorneys' fees.<BR/><BR/>Those who successfully prove the government has violated their constitutional rights would, under the bill, be required to pay their own legal fees. Few people can afford to do so. Without the possibility of attorneys' fees, individuals who suffer unconstitutional religious persecution often will be unable to sue. The bill applies even to cases involving illegal religious coercion of public school children or blatant discrimination against particular religions.<BR/><BR/>The passage of this bill by the House is a disturbing achievement by those who seek to undermine our nation's commitment to fundamental freedoms laid out in the Constitution. Should it come up for a vote, it is imperative that the Senate reject this nefarious proposal. The religious right is looking for a way to get away with violating the Establishment Clause and is now one step closer to this goal. The Establishment Clause is no less important than any other part of the Bill of Rights and suits to enforce it should be treated no differently than any other litigation to enforce civil liberties and civil rights<BR/><BR/>Erwin Chemerinsky is the Alston & Bird Professor of Law and Political Science, at Duke University.<BR/>----------------------------------<BR/><BR/>Glad to see people are reading your blog. Keep it up!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7321349.post-1159597291564102292006-09-29T23:21:00.000-07:002006-09-29T23:21:00.000-07:00I honestly can't get my head around McCain's bless...I honestly can't get my head around McCain's blessing of this monstrosity. I just can't get past it. I can't find a word in english that describes my feeling about his involvement.<BR/><BR/>I'm not a "supporter," but I've met him on a couple of occasions, "Faith of My Fathers" has a place on my bookshelf, and I've always respected his credibility on these issues.<BR/><BR/>How could he allow this to happen on his watch - and provide the most damaging cover for it?<BR/><BR/>Is this John McCain's legacy?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7321349.post-1159587483382003272006-09-29T20:38:00.000-07:002006-09-29T20:38:00.000-07:00What people are missing here is that anyone can be...What people are missing here is that anyone can be labeled a terrorist, strictly at the whim of the president, and there is absolutely no recourse. Habeas Corpus is no more. It can happen to anyone, anyone at all.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7321349.post-1159582949578326502006-09-29T19:22:00.000-07:002006-09-29T19:22:00.000-07:00Hey, sorry being a troll, but I'd like to point ou...Hey, sorry being a troll, but I'd like to point out something that makes it very obvious why many Americans treat this bill as Not Such A Big Deal or perhaps, It Can't Happen To Me.<BR/><BR/>The reason? Stereotypes.<BR/><BR/>EVERYONE knows Islamic terrorists wear turbans. They also have beards. They have dark skin. They smell funny. They babble constantly in a gibbering language, and they hoot and whoop as if they were Howler monkeys. They give praise to a heathen god. Their eyes are always alight with a demonic zeal, and they can barely contain their sheer hate for Jews and Caucasians in their loathsome bodies.<BR/><BR/>See how obvious and easy it is to spot a terrorist? Such creatures obviously don't deserve freedoms or mercy. So why object to torturing them?<BR/><BR/>After all, it's not like they're human.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7321349.post-1159571974067453222006-09-29T16:19:00.000-07:002006-09-29T16:19:00.000-07:00Trickish knave, did you even read the post? We do...Trickish knave, did you even <I>read</I> the post? <BR/><BR/>We don't <I>know</I> someone is a terrorist until there is a fair trial. If we simply <I>assume</I> that someone is a terrorist because they were in the wrong place at the wrong time, (or because they offended the wrong official) and then take away their right to a fair trial, that is a great injustice. It is wrong, and it is not what our nation stands for. This injustice must not stand.<BR/><BR/>If you call yourself a Christian, then you cannot think of WWJD as a "hypothetical." Jesus surely didn't think that dying on the cross for your sins was a hypothetical proposition. To suggest that you would not follow Christ's teachings simply because your enemy does not follow them suggests that you are a moral coward.<BR/><BR/>May your God forgive you.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7321349.post-1159571030957435812006-09-29T16:03:00.000-07:002006-09-29T16:03:00.000-07:00"...just a few of its naked violations against the..."...just a few of its naked violations against the civil rights we've expected since the era of the Magna Carta."<BR/><BR/>Therein lies the real debate: How can a government grant civil rights to terrorists who are not, in and of themselves, civil?<BR/><BR/>Why do we as a nation feel obligated to treat people who perceive kindness and appeasment as weakness and use those sentiments against their enemies? <BR/><BR/>It is much more than, at a risk of using scripture myself, a "Do unto others" philosophy. That doesn't work with radical Islamists. The new Testament subjugates the OT with weapons of peace and tolerance but it is dangerous to play the WWJD? hpyotheticals when dealing with Islamofacists. It is dangerous because the conclusion ends up being,"Turn the other cheek- and let them follow through with their rusty butterknife."<BR/><BR/>Why are we supposed to give terrorists trial rights? Because we are a civilized society? Because it is the right thing to do?<BR/><BR/>I am not promoting a system of trials for terrorists consistent with those of Nuremburg but I don't think they should enjoy the same judicial process as American citizens who break our laws.Trickish Knavehttps://www.blogger.com/profile/01696133416274723867noreply@blogger.com