Re: I bet Scalia can't wait.....
Seapuppy said:
Kulindahr said:
Seapuppy, I was going to answer in detail, but decided not to.
Your arguments essentially boil down to this: might makes right; we've done it before so we can do it again; military expediency trumps all.
[QUOTE-Seapuppy]
Brace yourself kuli, I'm going to have to 'bust your cherry' on this...yes, in war, on the battlefield, might, most certainly, makes right. No prizes for second place. If we want a certain outcome to our security position, than we damn sure better not loose this thing!
Then there should not ever have been any war crimes trials, anywhere, and there are no such things as war criminals. Flamethrowers, nerve gas, boiling oil, plutonium dust, bullets with botulism in them, mustard gas, fuel-air bombs, acid fogs... are all fine, and there's no need to apologize for "collateral damage", civilian casualties, or any other such thing.
Dude, to believe that "might makes right" under ANY circumstances is to abandon civilization. That position is the essence of what we call barbarism, and it breeds politicians who believe that because they have a bigger army they can do as they please around the world.
Do the words "Give me liberty, or give me death!" mean anything to you? From your arguments I would presume they mean that they authorize anything and everything a military commander might decide is expedient to "protect liberty". But what about the words, "All men are created equal"? There's no room for that one in what you've argued -- your version in essence is actually "All men
on my side are created equal".
Seapuppy said:
Kulindahr said:
It is precisely this sort of mindset that makes people think war is okay -- and it isn't. There is no way to have a war and not violate rights, and your argument is that since it's a war, it's okay to violate rights. That's wrong -- it is NEVER okay to violate rights; it is never warranted, or justified. Violation of rights always, ALWAYS demands restitution, no matter the circumstances -- that's justice. So another way to describe your position would be to say that in war it's okay to throw out justice.
Honestly kuli, I want you running my city council, or being in charge of 'fun day' for the kiddies in the park. Your ideas are adorable, but please, stay out of the national security business.
War is not o.k. It is, however, sometimes necessary. I wish it weren't. I think we should make all reasonable effort to avoid non-combatant casualties and suffering. I believed in, and enforced such protocols while in uniform, but war is not a lawn tennis match in our garden whites. It's brutal and ugly and innocent people die. I can no more rescind that fact, than the laws of gravity.
Dude, it's the people in the national security business who need to remember these things the
most. ALL men are created equal -- that means those guys on the other side, too. They have all the rights you do, and you have to keep that in mind.
Seapuppy said:
Kulindahr said:
Those German prisoners of war you referred to? They did in fact have the right to hold rallies; the exercise of that right was denied them. Certainly those who denied them that exercise believed they had good reason -- but there is NEVER a good reason to deny the exercise of a right.
You may believe that, but I can assure you that any attempt to exercise "rights" as we know them, by German prisoners in regards to freedom of movement or being secure in their property or speech or, whatever, was put down harshly. Exercising your 'rights', by holding an anti-American rally, while you attempted to 'keep and bear arms' would have been greeted by an immediate .30-06 Garand round though your forehead from the nearest American guard.
You don't read very closely, for one thing -- or you wouldn't have put in the crack about bearing arms.
That it would have been put down harshly would not have made it right to do so. Those measures were not taken with any thought of rights in mind, but of expedience for the military holding the prisoners. It was
easier to treat them the way that was done, but it was not right, nor did it being easier make it right. Those prisoners retained their rights, and were due the free exercise of any which did not actually constitute resuming hostilities.
Seapuppy said:
Your making an assumption that I find incredulous. You really believe that people never can be denied a "right"? Felons have no right to own a firearm, vote, even live in certain areas. You are aware of this, yes? When you decide to make war against my country, you have very few 'rights' I plan on honoring.
So what you're saying is that all a government has to do to remove someone's rights is to re-label him. Just make a DUI a felony -- oh, heck, make all crimes felonies, even parking tickets, and cut the number of voters down to a righteous few!
What you're saying is that any time a person can be framed, accused, and convicted, he or she loses whatever rights a government feels like taking away -- oh, by law, of course! Can't you see that from your position, the concentration camps were legitimate?!
The truth is that some felons have given up their right to firearms -- you'll notice that point is in my previous post. But all non-violent felons retain the right to keep and bear arms, and the government which has restricted their free exercise of that right has done so immorally and unjustly, and to the extent which it does not acknowledge this and make repair, it establishes itself as an illegitimate government, one not "of the people, by the people, and for the people".
Voting, of course, isn't really a 'right' in the proper sense; it is hardly inherent. It's part of the machinery of how a nation works, and can be altered in whatever way seems to work -- so long as it does not deny liberty.
Back to felons: you betray your ignorance of what rights are when you localize the rights, or their lack, of felons. Rights do not change by locale; that was the argument of King George III in his usurpation of the rights of colonists.
Seapuppy said:
Kulindahr said:
Sometimes it is necessary to trample some rights -- for example, if I knew for a fact that six terrorists had managed to slip a nuke into a warehouse in New York, but I wasn't sure what warehouse, I wouldn't hesitate to cheer on the National Guard as they ransacked building after building until they found the bomb -- but afterward I would demand, as any civilized person should do, that they make restitution to the owners of every bit of property for every last smidgin of damage they'd done.
And when a liberal judge threw out your search for lack of a signed warrant, and ordered the return of the property of the alleged terrorist and their immediate release? What then?
If I were the National Guard commander on the spot, and a judge did that, I'd tell him to take it up with the governor if he had a complaint.
But no judge would have the prisoners under his authority in the first place -- they invaded the United States, and aren't under the judge's jurisdiction.
Though it would be tempting to shoot the judge as a danger to the United States of America...
But my being a member of the military would not make that legitimate -- nor would any authorization to me to determine who was and was not an enemy combatant.
Seapuppy said:
My response, using your 'National Guard" example. A 'nuke', is not a stick-up. It is an act of war. As members of the military, they should not concern themselves with calling 9-11, but should immediately seize all that is necessary and bundle their captives off to Army Intelligence for a nice stay at Club Gitmo.
Sorry kuli, but your 'better to let a hundred guilty go than..."just doesn't cut it with me. I will re-post my exact feeling on it from a soldiers, rather than a lawyers, perspective.
Then your America is not the America of the Founding Fathers -- sorry.
"Members of the military" -- seapuppy, the military is not a privileged class! It wouldn't matter if it was members of the military, a SWAT team, a sheriff's deputy and an impromptu posse, the local chapter of the Pink Pistols, or a bunch of grannies with an attitude! If they learned that there were terrorists with a nuke, and went after them, they're acting properly. And don't give me any "law and order" harrangue; law and order are servants of the people, and if they get in the way, they can be tossed out -- and sort it out later. If I were in that situation, as just plain me, and a cop tried to stop me from breaking in a door to find that nuke, I'd bother explaining to him -- not cooperating, only explaining -- only if I had spare manpower; otherwise I'd disable him in some fashion and get on with what was necessary. If he shot at me to stop me, I'd shoot back and remove the impediment to saving the place -- and expect to make such restitution as possible later, for my decision.
Seapuppy said:
Kulindahr said:
As for those detainees -- their rights are being trampled, if they are innocent. And someone had better be ready, not with a, "Sorry, sir", when it is found that they are innocent, but with thorough restitution for the mess made to their lives.
Hey, they get a free plane ticket back. Three hots and a cot while they are our guest. I would say "Our bad. Sorry" and give them a brief explanation that we can't put everything right for them, but sorry anyway. So tell me Kuli, if the millions upon millions of people, and their descendants, file suit against us from WW II, due to the countless destruction we caused on several continents, and won. Say the result is that American taxpayers, must shell out half of our total budget every year for the next lifetime or so, to pay for every teakettle we broke....you get the silliness of this? And no, the Marshal Plan wouldn't begin to cover it.
We don't, and the rest of the world, sanely, doesn't bother asking, because they know, that every thing in life....hang on... is not fair. Sorry, but it just isn't.
Kulindahr said:
I think what you don't understand is that just because there is a law doesn't mean a thing is right. Whatever military law may say, it doesn't, it CAN'T, change what is right. What is right proceeds from "You own yourself", and nowhere else. Any violation of that demands restitution.
True, but in this case, it is right.
Kuli and ICO7,
Our country is engaged in active combat, in battlefields in Afghanistan and Iraq. I believe, (and how this got to be the 'odd man out' assumption is mind-boggling.), that our armed forces and security services have the aegis of prosecuting it. they should be commended, and given wide latitude in protecting our national interest. They are not 'thugs'. They are not 'savages'. Our Commander in Chief is freely elected by the American people. Our generals and admirals who are responsible for prosecuting war are confirmed in their ranks by our Senate. Our soldiers are the sons and daughters of your country who have been trained in human rights, military law, and ethics, as well as the arts of war. They have honorably decided on their own, to serve their country in harms way, and they pay the price. Abu Ghraib was an anomaly. Our military goes to extraordinary lengths to protect the innocent. As best as they can. Give them some slack. It is an impossible task to never make a mistake.
Yes, I am appealing to old fashioned ideas. I believe with all my heart in them.
Wow -- what you're appealing to is authoritarianism and the notion of corporate responsibility.
Yes, we violated a lot of European people's rights in WW II, and restitution was owed. They didn't ask, so it's a moot point now -- but I don't think most would have anyway. And if they had, it would not have been a gripe against the U.S., but against the people who made those decisions, and it couldn't possibly have amounted to anything like you suggest, because we're talking restitution, not pipe dreams.
Violating rights is never right -- ever, at all.
"Oops" is a valid part of a defense (as is ignorance of the law, anywhere but America). But in order for it to be an "oops", you have to know that it was wrong -- but what you've been arguing is that might makes right, so it wasn't wrong, Sorry we fucked up your life, but we're the ones with the guns, so See ya!
Soldiers are supposed to deal with reality. Part of reality is that the guy they are running past, or chasing, or seeking cover from, has the same rights they do. Each soldier owns himself, and so does each of his foes. And if they aren't being taught that, then their ethics are what their commanders find expedient, not what is true and right.
Rights come first.
Oh -- the President isn't freely elected by the American people; he's elected by the Several States of the United States of America.