One of many legal lapses...

This article has been taken from this site:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x2433743


Here we will check out how Bush overruled judicial and legislative power, basically how he crossed the line of his executive power.

Bellow, you will find a passage from the Bill of Rights, with highlights in bold concerning specific instances in which the Bush administration violated their oath of office for each of the rights described. The oath of office of the President of the United States is an oath or affirmation required by the United States Constitution before the President begins the execution of the office. The wording is specified in Article Two, Section One, Clause Eight:

"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

Amendment IV, from the Bill of Rights

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

“Unreasonable searches and seizures”:

The House of Representatives has just approved the Electronic Surveillance Modernization Act, a bill that would legitimize warrantless electronic surveillance of people within the US who are suspected of having "foreign intelligence information."

HR 5825 (a law)  authorizes the President to conduct electronic surveillance without a court order for up to a year. The only requirements are that the surveillance is meant to acquire the "contents of communications of foreign powers" and that the Attorney General follows certain safeguard procedures. In order to authorize this type of surveillance, all that the president has to do is have his Attorney General certify in writing that the surveillance meets legal criteria.

The government also requires Internet service providers and other telecommunications companies to assist with any valid request for such surveillance—and they must protect the secrecy of the request. The government agrees to compensate providers for their time and equipment. If companies object to surveillance on a particular target, they are allowed to challenge the legality of the directive before the secret FISA court, where a judge is required to rule on the merit of the directive within 24 hours of being assigned the case.

Telecommunications companies are also given a special pardon in the bill, which says that no claim shall be lodged against them in any court over the issue of providing intelligence information to the government from September 11, 2001 until 60 days after the new bill is passed.

But that's not all. The president may also authorize surveillance without an order of any kind for 90 days following an armed assault on the US or a terrorist attack. He (or, someday, she) may also authorize surveillance for 90 days in situations where "there exists an imminent threat of attack." Who determines if there's an imminent threat of attack? The president.

"no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The National Security Agency has been secretly collecting the phone call records of tens of millions of Americans, using data provided by AT&T, Verizon and BellSouth, people with direct knowledge of the arrangement told USA TODAY.

The NSA program reaches into homes and businesses across the nation by amassing information about the calls of ordinary Americans — most of whom aren't suspected of any crime. This program does not involve the NSA listening to or recording conversations. But the spy agency is using the data to analyze calling patterns in an effort to detect terrorist activity, sources said in separate interviews.

The NSA record collection program  is the largest database ever assembled in the world," said one person, who, like the others who agreed to talk about the NSA's activities, declined to be identified by name or affiliation. The agency's goal is "to create a database of every call ever made" within the nation's borders, this person added.