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Paul, Kucinich, Welch sponsor H.R.3835 “To restore the Constitution's checks and balances and

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jody Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 10:22 AM
Original message
Paul, Kucinich, Welch sponsor H.R.3835 “To restore the Constitution's checks and balances and
Edited on Fri Nov-23-07 10:27 AM by jody
protections against government abuses as envisioned by the Founding Fathers”

H.R. 3835 American Freedom Agenda Act of 2007
QUOTE
SEC. 3. MILITARY COMMISSIONS; ENEMY COMBATANTS; HABEAS CORPUS.
(a) The Military Commissions Act of 2006 is hereby repealed.

(b) The President is authorized to establish military commissions for the trial of war crimes only in places of active hostilities against the United States where an immediate trial is necessary to preserve fresh evidence or to prevent local anarchy.

(c) The President is prohibited from detaining any individual indefinitely as an unlawful enemy combatant absent proof by substantial evidence that the individual has directly engaged in active hostilities against the United States, provided that no United States citizen shall be detained as an unlawful enemy combatant.

(d) Any individual detained as an enemy combatant by the United States shall be entitled to petition for a writ of habeas corpus under section 2241 of title 28, United States Code.

SEC. 4. TORTURE OR COERCED CONFESSIONS.
No civilian or military tribunal of the United States shall admit as evidence statements extracted from the defendant by torture or coercion.

SEC. 5. INTELLIGENCE GATHERING.
No Federal agency shall gather foreign intelligence in contravention of the Foreign Intelligence Surveillance Act (50 U.S.C. 1801 et seq.). The President's constitutional power to gather foreign intelligence is subordinated to this provision.

SEC. 6. PRESIDENTIAL SIGNING STATEMENTS.
The House of Representatives and Senate collectively shall enjoy standing to file a declaratory judgment action in an appropriate Federal district court to challenge the constitutionality of a presidential signing statement that declares the President's intent to disregard provisions of a bill he has signed into law because he believes they are unconstitutional.

SEC. 7. KIDNAPPING, DETENTIONS, AND TORTURE ABROAD.
No officer or agent of the United States shall kidnap, imprison, or torture any person abroad based solely on the President's belief that the subject of the kidnapping, imprisonment, or torture is a criminal or enemy combatant; provided that kidnapping shall be permitted if undertaken with the intent of bringing the kidnapped person for prosecution or interrogation to gather intelligence before a tribunal that meets international standards of fairness and due process. A knowing violation of this section shall be punished as a felony punishable by a fine or imprisonment of up to 2 years.

SEC. 8. JOURNALIST EXCEPTION TO ESPIONAGE ACT.
Nothing in the Espionage Act of 1917 shall prohibit a journalist from publishing information received from the executive branch or Congress unless the publication would cause direct, immediate, and irreparable harm to the national security of the United States.

SEC. 9. USE OF SECRET EVIDENCE TO MAKE FOREIGN TERRORIST DESIGNATIONS.
Notwithstanding any other law, secret evidence shall not be used by the President or any other member of the executive branch to designate an individual or organization with a United States presence as a foreign terrorist or foreign terrorist organization for purposes of the criminal law or otherwise imposing criminal or civil sanctions.
UNQUOTE

Are Paul, Kucinich, Welch the only Democrats and Republicans who can work together to solve the most egregious abuses by a rogue administration against our Constitution?

ON EDIT ADD Welch to my question?
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Mojorabbit Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 10:24 AM
Response to Original message
1. It looks like it
and I think it is why people who pay attention to what is happening like them.
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cali Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 10:25 AM
Response to Original message
2. uh, doesn't your post say that Welch is also sponsoring it?
Wouldn't that automatically mean that the answer to your question is no?
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jody Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 10:28 AM
Response to Reply #2
3. Thanks, on edit I added Welch. n/t
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Armstead Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 10:28 AM
Response to Original message
4. Gosh, how radical
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cali Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 10:36 AM
Response to Original message
5. I'm hopeful more than a few dems will sign on to co-sponsor this
vital legislation. I'm not at all hopeful that more repubs will
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 10:40 AM
Response to Original message
6. No, there are some others but they are clearly
not the majority (in answering your question). That's why I'm removed emotionally from candidates and politicians in general.
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AlertLurker Donating Member (877 posts) Send PM | Profile | Ignore Fri Nov-23-07 10:56 AM
Response to Original message
7. I like Kucinich best, but Biden has proved he can reach across the aisle, too.
As a member of the Foreign Relations Committee, he has had to cooperate several times.

That being said, way to go, Dennis Kucinich!
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slipslidingaway Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 11:54 AM
Response to Original message
8. ACLU Welcomes Bi-partisan "True PATRIOT Act
"Measure Seeks to Restore Freedoms Lost Post 9/11"

http://www.aclu.org/safefree/general/17688prs20030924.html

(9/24/2003)

"WASHINGTON - The American Civil Liberties Union today joined with members of Congress and civil rights groups in welcoming bi-partisan legislation aimed to correct some of the most contentious provisions of the USA PATRIOT Act and other controversial measures adopted post 9/11. At a news conference today, Reps. Dennis Kucinich (D-OH) and Ron Paul (R-TX) unveiled their "Benjamin Franklin True Patriot Act."

"We now know that the PATRIOT Act and other measures went too far, too fast,"" said Gregory T. Nojeim, Associate Director and Chief Legislative Counsel of the ACLU Washington Legislative Office. "Now we see members from both sides of the aisle are calling for corrections to be made, and this bill stays true to Benjamin Franklin's call for a balance between security and liberty. We remain committed to ensuring that America remains both safe and free."


From the Thomas site...

"Benjamin Franklin True Patriot Act

H.R.3171

Title: To provide for an appropriate review of recently enacted legislation relating to terrorism to assure that powers granted in it do not inappropriately undermine civil liberties.

Sponsor: Rep Kucinich, Dennis J. (introduced 9/24/2003) Cosponsors (29)

Latest Major Action: 10/22/2003 Referred to House subcommittee. Status: Referred to the Subcommittee on Immigration, Border Security, and Claims."


Inaction on the above bill might be an indication what will happen to this bill

:( :(







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jody Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 12:00 PM
Response to Reply #8
9. RE "inaction on the above bill". Sadly you are probably right. n/t
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slipslidingaway Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 12:44 PM
Response to Reply #9
10. And the longer we wait the more damage there is to repair, still
hopeful, although both of my Dem Senators voted for the MCA.
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RufusTFirefly Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 08:37 PM
Response to Reply #8
15. "Inaction on the above bill might be an indication what will happen to this bill "
Isn't it ironic that Congress readily knows how to kill bills by neglect, but when faced with the prospect of more Iraq funding they suddenly roll out the lame excuse that they don't have enough votes to prevent a Republican filibuster?

Yo Democrats! Here's a case where doing nothing is actually a good thing.

Don't bring a funding bill to the floor and you won't have to worry that the Rethugs will filibuster, that Bush will veto, or that you'll have to water it down.

Sound pretty simple? It is!
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slipslidingaway Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 09:22 PM
Response to Reply #15
16. Yes it is simple, one just needs the will and the courage n/t
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antigop Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 01:58 PM
Response to Original message
11. And maybe we can expect HRC, Obama, Dodd, or Biden to sponsor a companion Senate bill
Edited on Fri Nov-23-07 01:58 PM by antigop
NOT.
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jody Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 02:07 PM
Response to Reply #11
12. Agree, that would be fantastic but highly unlikely. n/t
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slipslidingaway Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 07:48 PM
Response to Reply #11
13. Supporters of these candidates should be asking why this has
not been done already.
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antigop Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 08:16 PM
Response to Reply #13
14. Yep. n/t
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RufusTFirefly Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 09:26 PM
Response to Reply #13
17. Sorry, but there are other far more pressing matters
Questions about "diamonds or pearls" or UFOs.

:banghead:
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slipslidingaway Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-23-07 10:36 PM
Response to Reply #17
18. Yes, have to keep us occupied :( n/t
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