"A black mark, not only on Democrats, but on the Congress, and...

"A black mark, not only on Democrats, but on the Congress, and the history of the United States."


How are you feeling this morning? I’m not feeling great. I am a little unhappy about the news.

You might not have noticed, as this was only the third most important story yesterday. Based on television news coverage, the most important political story yesterday was Rev. Jesse Jackson caught making crude remarks about Obama on an open mike. The second most important story was John McCain joking about cigarette exports killing Iranians. The third most important story was our elected representatives voting to restrict 4th Amendment protections that have been afforded Americans since the founding of the country and the crafting of the Bill of Rights.

Who cares? After all, what did the founding fathers know about the need to protect individual civil liberties against the overreach of power by a unitary executive? Clearly our Congress and President, and the two senators who want to be our next President know better than the founders what civil protections we really need. So protections that have been in place for over two hundred years are now less than they were. Activities by our government to eavesdrop on conversations of Americans that were illegal yesterday, are legal today (or as soon as GWB signs it into law).

I am not going to belabor this. We have beat this to death at Donklephant in previous posts here, here and here. Just one point – When smart people on the right, left, and academia agree that this is a very bad bill that erodes our freedom and constitutional protections, it does not mean this is a good compromise. It means this is a very bad bill that erodes our freedom and constitutional protections.

No I’m not feeling great. I feel about the way the Senator Russ Feingold looks in this interview on MSNBC’s Coutdown yesterday, where he says:

This is a sad moment, it really is a black mark, not only on Democrats, but on the Congress, and the history of the United States. This is one of the greatest assaults on the Constitution in the history of our country.”– Russ Feingold

C’mon Russ! Lighten up! It’s only the Constitution and the Bill of Rights. Sheesh….

[OK. I give up. There is supposed to be an MSNBC Video Embedded here, but I can’t get it to embed. You’ll have to go HERE to see the video.]

Some thoughts on this interview. Feingold expresses a hope that a future Congress will take this up and restore our Fourth Amendment protections. What do you think the likelihood that any President or Congress will voluntarily reopen this political can of worms?

I actually believe it will happen, but not without a powerful catalyst. It will happen only after the inevitable abuse of these new powers are revealed to the American people.

Why inevitable? Because every single expansion of government power over citizens is ultimately abused by those entrusted with that power. I don’t know when that will happen, but I know it will happen.

Outrage over executive branch abuse of eavesdropping and domestic surveillance was the reason for the original FISA legislation in 1978. When FISA was modified by the Patriot Act, the loosened restrictions were immediately abused by the FBI, and that abuse continued for years. With these even looser restrictions, there will be more abuse. It is only a question of time, a question of how the abuse will be revealed and a question of how badly and how many Americans must be hurt before enough outraged Americans force Congress to act. Perhaps the abuse will happen under President Obama. Perhaps the abuse will happen under President McCain. Perhaps it will happen under a President four eight or twelve years from now. But it will happen.

It is also interesting that Feingold declined to answer Maddow’s question about the real liklihood of an Obama presidency pursuing criminal liability against the Telcos and administration officials that broke the law. This, as you may recall, was Obama’s CYA fig leaf rationalization for explicitly breaking his promise to filibuster any FISA provision that included Telecom immunity. Feingold did not decline to answer because he does not know the answer. He knows. He knows that Obama is being disingenuous and there is no possibility of a criminal prosecution for law-breaking activity that Congress just made legal.

No, I don’t feel great. I particularly don’t feel like the idea of contributing or supporting either of the Tweedledum Tweedledee presidential candidates who have so little respect for our Constitution and the civil liberties of Americans.

UPDATED: Found some more links for the next round of opposition to this “assault on the Constitution”, and have edited the last paragraph to reflect the same.

Lust for Liberty makes for strange bedfellows.Contributions? Instead of the candidates, I’ll make contributions to organizations like the Strange Bedfellows Alliance, a progressive / libertarian alliance that will target legislators that voted to reduce my freedoms. Since the Executive and Legislative branch have no respect for the Constitution, I can only hope the Judicial branch will. The ACLU and Electronic Freedom Foundation are going to test the constitutionality of this law in the courts. I’ve never contributed to the ACLU before, but I will now and I will get behind this program and suggest you do also.

There. I feel a little better, now.

  • Jeremy

    I used to be a staunch Democrat. I am no longer a Democrat becuase I believe the Democratic party has failed in protecting the most sacrosanct of laws. Our constitution. It’s become clear to me over the past 8 or so years that there is little to distinguish between the two major parties. They are both for big business. They both start unlawful foreign wars. And they both work in tandem to dismantle the very of this nation. It’s high laws. It’s most revered. The supposedly “inalienable” rights. But they are just that. They are alienable. They are threatened at every turn of political fancy. For all the lip service and avowal allegiances to this utterly sacrosanct document, we sure are quick to disembowel it. So next time you celebrate the birth of this nation you might ask yourself what nation you are celebrating.

  • http://westanddivided.blogspot.com/ mw

    Can anyone see an embedded MSNBC video there? I’m not seeing it, but I don’t know if its me and my browser or if its not there.

    EDIT: I modified the post to link to the video instead of embedding.

  • http://thekansascitian.blogspot.com James

    You ought to take a look at the Hope for America Coalition. It’s a non-partison political action committee that will endorse and support candidates at local and state levels that are true constitutionalists.

    Their website is hopreforamericacoalition.org, I believe.

  • Bob

    This is why I voted for Feingold twice even though he is a progressive. He stands up for what he believes in and actually is a change politician. Obama just isn’t, he is regular old politician. This is why I can’t vote for him, I can’t let Democrats have uncheck power for four years.

  • Bob

    Having said that I like Feingold, after watching him I wonder how he can think Obama will change the FISA bill when you voted against it. He could have just skipped the bill instead he actually took the time to go and vote against it.

  • http://westanddivided.blogspot.com/ mw

    He does not think that. But he cannot say so in this public forum. He is, after all, a Democrat and wants Obama to win. I cannot fault him for that. He is a keeper. Keep voting for him.

    But this is also why his normal positive ebullient personality is not evident. He fought the good fight, and was betrayed by the leadership of his own party. I feel for the guy.