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Big Thanks to All Our Action Patriots

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UPDATE:  Whoa — patriotism is hotter than Butterstick.  Have I mentioned that I luvs me some Atrios?  Big thanks to Eschaton!

Thank you so much to everyone who has been busily faxing the members of the Senate Judiciary Committee this morning.  I am told by a Senate staffer that the Fax machines have had a steady hum in their office, so I know some of you have been very busy.  And I’m so grateful that you are taking this first step with us.  Bravo!

And a huge thank you to Howie Klein at DownWithTyranny and eriposte at LeftCoaster for hopping on board the FAX train with us this morning.  (I know there are more, but I’m behind on my e-mails.  Sorry if I left you out — but big thanks!) 

There’s a lot more to come today — I’ve been busy on the phone all morning so far — but I wanted to give everyone some extra incentive for faxing a missive to the Senate Judiciary Committee members.  Here are some excerpts from the Al Gore speech at Constitution Hall back in February:

As we begin this new year, the Executive Branch of our government has been caught eavesdropping on huge numbers of American citizens and has brazenly declared that it has the unilateral right to continue without regard to the established law enacted by Congress precisely to prevent such abuses. It is imperative that respect for the rule of law be restored in our country.

And that is why many of us have come here to Constitution Hall to sound an alarm and call upon our fellow citizens to put aside partisan differences insofar as it is possible to do so and join with us in demanding that our Constitution be defended and preserved….

the Foreign Intelligence and Surveillance Act (FISA), which was enacted expressly to ensure that foreign intelligence surveillance would be presented to an impartial judge to verify that there was indeed a sufficient cause for the surveillance. It included ample flexibility and an ability for the executive to move with as much speed as the executive desired. I voted for that law during my first term in Congress and for almost thirty years the system has proven a workable and valued means of affording a level of protection for American citizens, while permitting foreign surveillance to continue whenever it is necessary.

And yet, just one month ago, Americans awoke to the shocking news that in spite of this long settled law, the Executive Branch has been secretly spying on large numbers of Americans for the last four years and eavesdropping on, and I quote the report, "large volumes of telephone calls, e-mail messages, and other Internet traffic inside the United States." The New York Times reported that the President decided to launch this massive eavesdropping program "without search warrants or any new laws that would permit domestic intelligence collection."

During the period when this eavesdropping was still secret, the President seemed to go out of his way to reassure the American people on more than one occasion that, of course, judicial permission is required for any government spying on American citizens and that, of course, these constitutional safeguards were still in place.

But surprisingly, the President’s soothing statements turned out to be false. Moreover, as soon as this massive domestic spying program was uncovered by the press, the President not only confirmed that the story was true, but in the next breath declared that he has no intention stopping or of bringing these wholesale invasions of privacy to an end.

At present, we still have much to learn about the NSA’s domestic surveillance. What we do know about this pervasive wiretapping virtually compels the conclusion that the President of the United States has been breaking the law repeatedly and insistently.

A president who breaks the law is a threat to the very structure of our government. Our Founding Fathers were adamant that they had established a government of laws and not men. They recognized that the structure of government they had enshrined in our Constitution – our system of checks and balances – was designed with a central purpose of ensuring that it would govern through the rule of law. As John Adams said: "The executive shall never exercise the legislative and judicial powers, or either of them, to the end that it may be a government of laws and not of men."

An executive who arrogates to himself the power to ignore the legitimate legislative directives of the Congress or to act free of the check of the judiciary becomes the central threat that the Founders sought to nullify in the Constitution – an all-powerful executive too reminiscent of the King from whom they had broken free. In the words of James Madison, "the accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny."

Thomas Paine, whose pamphlet, "On Common Sense" ignited the American Revolution, succinctly described America’s alternative. Here, he said, we intended to make certain that, in his phrase, "the law is king."

Vigilant adherence to the rule of law actually strengthens our democracy, of course, and strengthens America. It ensures that those who govern us operate within our constitutional structure, which means that our democratic institutions play their indispensable role in shaping policy and determining the direction of our nation. It means that the people of this nation ultimately determine its course and not executive officials operating in secret without constraint, under the rule of law.

And make no mistake, the rule of law makes us stronger by ensuring that decisions will be tested, studied, reviewed, and examined through the normal processes of government that are designed to improve policy, and avoid error. And the knowledge that they will be reviewed prevents over-reaching and checks the accretion to power.

Well, if that doesn’t stir your blood to action, then nothing will. To the faxes!

And hang in there, more action steps to come today…

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Christy Hardin Smith

Christy Hardin Smith

Christy is a "recovering" attorney, who earned her undergraduate degree at Smith College, in American Studies and Government, concentrating in American Foreign Policy. She then went on to graduate studies at the University of Pennsylvania in the field of political science and international relations/security studies, before attending law school at the College of Law at West Virginia University, where she was Associate Editor of the Law Review. Christy was a partner in her own firm for several years, where she practiced in a number of areas including criminal defense, child abuse and neglect representation, domestic law, civil litigation, and she was an attorney for a small municipality, before switching hats to become a state prosecutor. Christy has extensive trial experience, and has worked for years both in and out of the court system to improve the lives of at risk children.

Email: reddhedd AT firedoglake DOT com