There's more actually :)
Duties of the Executive
The chief duties of the President are to diligently uphold the
Constitution and administer the laws enacted thereunder, to inform the
people, maintain their confidence, protect their rights and adhere to
republican and to moral principles.
"The road to that glory which never dies is to use power for the support of
the laws and liberties of our country, not for their destruction." --Thomas
Jefferson to the Earl of Buchan, 1803. ME 10:401
"We [are] bound to administer to others the same measure of law, not which
they had meted to us, but we to ourselves, and to extend to all equally the
protection of the same constitutional principles." --Thomas Jefferson to
Gideon Granger, 1814. ME 14:116
"Freedom of religion, freedom of the press, trial by jury, habeas corpus,
and a representative legislature... I consider as the essentials
constituting free government, and... the organization of the executive is
interesting as it may insure wisdom and integrity in the first place, but
next as it may favor or endanger the preservation of these
fundamentals." --Thomas Jefferson to Pierre Samuel Dupont de Nemours, 1815.
ME 14:255
"It was well known to have been a tenet of the republican portion of our
fellow citizens, that the sedition law was contrary to the Constitution and
therefore void. On this ground I considered it as a nullity wherever I met
it in the course of my duties; and on this ground I directed nolle prosequis
in all the prosecutions which had been instituted under it, and as far as
the public sentiment can be inferred from the occurrences of the day, we may
say that this opinion had the sanction of the nation." --Thomas Jefferson to
Gideon Granger, 1814. ME 14:116
"The sedition law was unconstitutional and null, and... my obligation to
execute what was law involved that of not suffering rights secured by valid
laws to be prostrated by what was no law." --Thomas Jefferson to Wilson
Nicholas, 1809. ME 12:289
http://etext.lib.virginia.edu/jefferson/quotations/jeff1250.htm
----------------------------
Deja Vu ?????
The Alien and Sedition Acts of 1798 challenged the Bill of Rights, but
ultimately led to a new American definition of freedom of speech and the
press.
When John Adams succeeded George Washington as president in 1797, the
Federalist Party had controlled Congress and the rest of the national
government from the beginning of the new nation. Adams and the other
Federalists believed that their political party was the government. The
Federalists believed that once the people had elected their political
leaders, no one should publicly criticize them.
The Federalist Party, led by Alexander Hamilton, aimed to create a stable
and secure country, safe for business and wealthy men of property. The
opposition Democratic-Republican Party was bitterly opposed to the
Federalists. Led by Thomas Jefferson, it tended to represent poor farmers,
craftsmen, and recent immigrants. (The party was commonly referred as the
Republicans or Jeffersonians. It was the forerunner of today's Democratic
Party.)
In foreign affairs, the Federalists detested the French Revolution of 1789
because it led to mob rule and confiscation of property. The Republicans
supported the French Revolution for its democratic ideals.
In 1794, President Washington negotiated a treaty with England to settle
outstanding differences between the two countries. The resulting improvement
in American-English relations angered the revolutionary French leaders, who
were enemies of the English.
In the election of 1796, Federalist John Adams won the most electoral votes
to become president. Republican Thomas Jefferson came in second, which made
him vice-president. (The 12th Amendment later changed this election method,
requiring separate electoral ballots for president and vice-president.)
--
Shortly after becoming president, Adams sent diplomats to France to smooth
over the bad feelings. But three French representatives--dubbed X, Y, and
Z--met secretly withthe U.S. diplomats and demanded $10 million in bribes to
the French government to begin negotiations. When the Americans refused, Mr.
X threatened the United States with the "power and violence of France."
News of the "XYZ Affair" enraged most Americans. Many Federalists
immediately called for war against France. President Adams, however, only
proposed war preparations and a land tax to pay for them. On the defensive,
Republicans spoke out against the "war fever."
Neither the United States nor France ever declared war. But the Federalists
increasingly accused Jefferson and the Republicans of being a traitorous
"French Party." A leading Federalist newspaper proclaimed to the nation,
**** "He that is not for us, is against us." *****
The Alien Acts
Rumors of a French invasion and enemy spies frightened many Americans.
President Adams warned that foreign influence within the United States was
dangerous and must be "exterminated."
The Federalist majority in Congress quickly passed four laws in 1798 to make
the United States more secure from alien (foreign) spies and domestic
traitors. Most of these laws, however, were also intended to weaken
Jefferson's Democratic-Republican Party.
The fourth law was the Sedition Act. Its provisions seemed directly aimed at
those who spoke out against the Federalists.
The Sedition Act
In general, sedition means inciting others to resist or rebel against lawful
authority. In England, "seditious libel" prohibited virtually any criticism
of the king or his officials. English common law held that any spoken or
written words that found fault with the king's government undermined the
respect of the people for his authority.
The U.S. Sedition Act first outlawed conspiracies "to oppose any measure or
measures of the government." Going further, the act made it illegal for
anyone to express "any false, scandalous and malicious writing" against
Congress or the president. Significantly, the act did not specifically
protect the vice-president who, of course, was Jefferson. Additional
language punished any spoken or published words that had "bad intent" to
"defame" the government or to cause the "hatred" of the people toward it.
These definitions of sedition were more specific than those found in English
common law. Even so, they were still broad enough to punish anyone who
criticized the federal government, its laws, or its elected leaders.
---
A New Definition of Free Speech and Press
The Alien and Sedition Acts provoked a debate between Republican and
Federalist state legislatures over freedom of speech and the press. In a
resolution he wrote for the Virginia legislature, James Madison argued that
the Sedition Act attacked the "right of freely examining public characters
and measures, and of free communication among the people." In heavily
Federalist Massachusetts, state legislators responded that a sedition law
was "wise and necessary" to defend against secret attacks by foreign or
domestic enemies.
---
Congressman John Nichols, a Republican [Jeffersonian/democrat] from
Virginia, challenged this Federalist view. He asserted that Americans must
have a free flow of information to elect leaders and to judge them once they
were in office. Nichols asked why government, which should be critically
examined for its policies and decisions, should have the power to punish
speakers and the press for informing the voters.
In the end, the people settled this debate in 1800 by electing Thomas
Jefferson president and a Republican majority to Congress. In his inaugural
address, Jefferson confirmed the new definition of free speech and press as
the right of Americans "to think freely and to speak and write what they
think."
from
http://www.crf-usa.org/terror/alien_sedition_acts.htm
-------------------------------------
------------------------------------------
The more things change, the more they appear the same. :)
Key Part of Patriot Act Ruled Unconstitutional
Internet Providers' Data at Issue
By Dan Eggen
Washington Post Staff Writer
Thursday, September 30, 2004; Page A16
A federal judge in New York ruled yesterday that a key component of the USA
Patriot Act is unconstitutional because it allows the FBI to demand
information from Internet service providers without judicial oversight or
public review.
The ruling is one of several judicial blows to the Bush administration's
anti-terrorism policies in recent months.
http://www.washingtonpost.com/wp-dyn/articles/A59626-2004Sep29.html
Judge Invalidates Patriot Act Provisions
FBI Is Told to Halt Warrantless Tactic
By Dan Eggen
Washington Post Staff Writer
Friday, September 7, 2007; Page A01
A federal judge struck down controversial portions of the USA Patriot Act in
a ruling that declared them unconstitutional yesterday, ordering the FBI to
stop its wide use of a warrantless tactic for obtaining e-mail and telephone
data from private companies for counterterrorism investigations.
The ruling by U.S. District Judge Victor Marrero in New York said the FBI's
use of secret "national security letters" to demand such data violates the
First Amendment and constitutional provisions on the separation of powers,
because the FBI can impose indefinite gag orders on the companies and the
courts have little opportunity to review the letters.
The secrecy provisions are "the legislative equivalent of breaking and
entering, with an ominous free pass to the hijacking of constitutional
values," Marrero wrote. His strongly worded 103-page opinion amounted to a
rebuke of both the administration and Congress, which had revised the act in
2005 to take into account an earlier ruling by the judge on the same topic.
Although a government appeal is likely, the decision could eliminate or
sharply curtail the FBI's issuance of tens of thousands of national security
letters (NSLs) each year to telephone companies, Internet providers and
other communications firms. The FBI says it typically orders that such
letters be kept confidential to make sure that suspects do not learn they
are being investigated, as well as to protect "sources and methods" used in
terrorism and counterintelligence probes.
The ruling follows reports this year by Justice Department and FBI auditors
that the FBI potentially violated privacy laws or bureau rules more than a
thousand times while issuing NSLs in recent years -- violations that did not
come to light quickly, partly because of the Patriot Act's secrecy rules.
"The risk of investing the FBI with unchecked discretion to restrict such
speech is that government agents, based on their own self-certification, may
limit speech that does not pose a significant threat to national security or
other compelling government interest," Marrero said.
http://www.washingtonpost.com/wp-dyn/content/article/2007/09/06/AR2007090601438....
--------------------------------------------------
The USA PATRIOT Act, commonly known as the "Patriot" Act, is an Act of
Congress that President George W. Bush signed into law on October 26, 2001.
The acronym stands for: Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001
(Public Law Pub.L. 107-56).
The Act expanded the authority of U.S. law enforcement agencies for the
stated purpose of fighting terrorism in the United States and abroad. Among
its provisions, the Act increased the ability of law enforcement agencies to
search telephone and e-mail communications and medical, financial and other
records; eased restrictions on foreign intelligence gathering within the
United States; expanded the Secretary of the Treasury's authority to
regulate financial transactions, particularly those involving foreign
individuals and entities; and enhanced the discretion of law enforcement and
immigration authorities in detaining and deporting immigrants suspected of
terrorism-related acts. The act also expanded the definition of terrorism to
include "domestic terrorism," thus enlarging the number of activities to
which the Patriot Act's expanded law enforcement powers can be applied.
Although the Act was passed by wide margins in both houses of Congress, it
has been criticized from its inception for weakening protections of civil
liberties. In particular, opponents of the law have criticized its
authorization of indefinite detentions of immigrants; "sneak and peek"
searches through which law enforcement officers search a home or business
without the owner's or the occupant's permission or knowledge; the expanded
use of "National Security Letters," which allow the FBI to search telephone,
email and financial records without a court order; and the expanded access
of law enforcement agencies to business records, including library and
financial records. Since its passage, several legal challenges have been
brought against the act, and Federal courts have ruled that a number of
provisions are unconstitutional.
Many of the act's provisions were to sunset beginning December 31, 2005,
approximately 4 years after its passage. In the months preceding the sunset
date, supporters of the act pushed to make its sunsetting provisions
permanent, while critics sought to revise various sections to enhance civil
liberty protections. In July 2005, the U.S. Senate passed a reauthorization
bill with substantial changes to several sections of the act, while the
House reauthorization bill kept most of the act's original language. The two
bills were then reconciled in a conference committee that was criticized by
Senators from both parties for ignoring civil liberty concerns.[1] The bill,
which removed most of the changes from the Senate version, passed Congress
on March 2, 2006 and was signed into law by President Bush on March 9, 2006.
http://en.wikipedia.org/wiki/USA_PATRIOT_Act
-----------------------------------------
Oath of office of the President of the United States
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Jump to: navigation, search
The oath or affirmation of office of the President of the United States was
established in the United States Constitution and is mandatory for a
President upon beginning a term of office. The wording is prescribed by the
Constitution (Article II, Section 1, Clause 8), as follows:
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.
http://en.wikipedia.org/wiki/Oath_of_office_of_the_President_of_the_United_State...
------------------------------------------
Pretty well says it all. But just in case it is still obscure .....
Duties of the Executive
The chief duties of the President are to diligently uphold the
Constitution and administer the laws enacted thereunder, to inform the
people, maintain their confidence, protect their rights and adhere to
republican and to moral principles.
"To inform the minds of the people, and to follow their will, is the chief
duty of those placed at their head." --Thomas Jefferson to C. W. F. Dumas,
1787. ME 6:342, Papers 12:360
"My chief object is to let the good sense of the nation have fair play,
believing it will best take care of itself." --Thomas Jefferson to Joseph
Priestley, 1802. FE 8:181
"The road to that glory which never dies is to use power for the support
of the laws and liberties of our country, not for their
destruction." --Thomas Jefferson to the Earl of Buchan, 1803. ME 10:401
"We [are] bound to administer to others the same measure of law, not which
they had meted to us, but we to ourselves, and to extend to all equally the
protection of the same constitutional principles."
