PITT: If you win in 2004, will you repeal or scale back the Patriot Act?
DEAN: I would do two things. First of all, I would remove the parts of the Patriot Act that are clearly unconstitutional. It can't be constitutional to hold an American citizen without access to a lawyer. Secondly, it can't be constitutional for the FBI to be able to go through your files at the library or the local video store, to see what you've taken out in the last week, without a warrant. The other thing I would do is appoint judges that would uphold the constitution. This President is appointing people from the far-right Federalist Society who have a different view of the constitution than most Americans. I hate to agree with anything Dick Nixon said, but Dick Nixon used to say that he wanted strict constructionists for the bench. This President is appointing right-wing judicial activists. We need strict constructionists that believe in the constitution and will uphold it as written.
http://truthout.org/docs_03/052203A.shtmlDean opposes SOME portions, does not define them,indeed, has NO idea of which poritons are constitutional, or unconstitutional:
Tuesday :: June 24, 2003
Dean and Kucinich on Issues
We can't vouch for the accuracy of this information, but Bob Harris has a chart contrasting Howard Dean's and Dennic Kucinich's positions on issues. He lists his sources as the candidates' own websites and searching via Google. He offers to make any corrections, so if you know of any, let him know.
As to crime, Harris reports that Dean opposes all use of medical marijuana. We didn't know that. Kucinich supports "compassionate use." Harris says Dean supports more federal funding for all aspects of the drug war.
We did know that Dean favors the death penalty for "extreme" crimes like terrorism or the killing of a police officer, although he is critical of Bush administration's "careless" approach to executions. We'd add that Dean has promised to direct his Attorney General to study the death penalty and any need for a moratorium to protect the innocent the day he takes office. Kucinich opposes the death penalty.
On the Patriot Act, Harris says Dean would repeal parts of it, but he also wants to expand intelligence agencies. Dean has praised Russ Feingold as the only Senator who opposed the act. Harris points out Kucinich voted against the Patriot Act.
Harris says,
Finally, Dean is basically a good guy, and if he's nominated I'll vote for him in a heartbeat. It's just that it's simply not accurate to refer to him as a progressive candidate. I'm also not saying that Kucinich's positions are the "right" ones on every issue; I just personally agree with him on most of them, and I think other progressives will, too.
If nominated, we'll support Dean as well. We think his criminal justice positions could use a progressive jolt, and since those are our primary concern, we're holding off declaring a favorite candidate at this point. But if anyone from his campaign is reading, we recommend going here to print out the Legislative Priorities and views on criminal justice issues of the National Association of Criminal Defense Lawyers and putting them in Mr. Dean's briefcase.
Update: Ezra Klein writes in the following correction to Harris's chart:
Dean's position on medical marijuana is neither for nor against, his stated position is that we have processes set up to evaluate the worth of new drugs, they should not be brought in a political decision. Dean would send medical marijuana to the FDA and abide by whatever they said.
We're relieved to learn Dean isn't totally opposed. For a federally funded report on the science of marijuana, we recommend the 1999 report by the Institute of Medicine Marijuana and Medicine: Assessing the Science Base, available free in its entirety.
In January 1997, the White House Office of National Drug Control Policy (ONDCP) asked the Institute of Medicine (IOM) to conduct a review of the scientific evidence to assess the potential health benefits and risks of marijuana and its constituent cannabinoids (see the Statement of Task on page 9). That review began in August 1997 and culminates with this report.
The New England Journal of Medicine in 1997 included an article with this passage:
Federal authorities should rescind their prohibition of the medical use of marijuana for seriously ill patients and allow physicians to decide which patients to treat. The government should change marijuana's status from that of a Schedule I drug ... to that of a Schedule II drug ... and regulate it accordingly."
http://www.talkleft.com/archives/003511.htmlDean just babbles. saying WHATEVER he thinks may be popular at the moment. He does not clearly define his own stance, but attacks the stance of others, even misrepresenting himself as the ONLY candidate who did not support the Patriot ACt, when he clearly does not call for repealing it, or even suggest which sections he is speaking of. Since nearly all of the act is slated to be sunsetted in tow years, it is a moot point. Under the constitutional, and numerous pieces of legislation, the temporary elements included in the act are totally constitutional (as Lincolns suspension of habeas corpus, and the placing of Japanese in internment camps was deemed to be constitutional).
Dean simply is aqgain, being a political opportunist, who wouldnt recognize the constitution if it was tatoo'd on him
Dean is clearly babbling. Because the Patriot does not allow the FBI to get ANYTHING from a public library, or a video store, without a warrant. At all. they still need warrants for EVERYTING. The Patriot Act made one change only.
And this is in the area of wire taps. In the past, it was necessary to get a judicial order to wiretap a suspect, EVERY time you wanted to wiretap. All Patriot did was state that they did not need to get a new wiretap, evertime they needed to wire tap the same person under invesitgation during the same investigation.
His appointment of strict constuctionists is the judicial philosophy of Ultra-Conservative republicans, and is the philosophy of the extremist judges that Bush is trying to get into the courts. Things like the federal government has not right enacting legislation to protect workers, because that is a state right, and so on. SAem thing with abortion. A strict constructionist wouuld leave this to the states as well.
AS usual, Dean makes a statement, that appeals to a certain portion public, because of a certain outrage againt the Patriot Act, but as usual Dean comdemns others, but says NOTIHNG of substance. Becasue he doesnt KNOW anything.
Like stating that there are even portions of the Patriot Act that are unconstitutional (thre are none, as nothing is mandated). He states that the Partiot Act states that American Citizens can be held without access to a lawyer. It does not. Dean again, either either TOO stupid for words, or clearly being deceptive. Not one American citizen has been held without access to an attorney, or denied constitutional rights. But Dean again, lies about the act, in order to get those who support him, wo beleive his every word, to beleive something that is not correct.