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- From: dcrosgr@uoft02.utoledo.edu
- Newsgroups: rec.games.chess
- Subject: Re: Pardon Fischer?
- Message-ID: <1992Dec28.112949.687@uoft02.utoledo.edu>
- Date: 28 Dec 92 11:29:49 EST
- References: <1992Dec18.132520.549@uoft02.utoledo.edu> <4471@cvbnetPrime.COM> <1992Dec22.011249.594@uoft02.utoledo.edu> <1992Dec28.052513.14461@midway.uchicago.edu>
- Organization: University of Toledo, Computer Services
- Lines: 122
-
- In article <1992Dec28.052513.14461@midway.uchicago.edu>, hau4@ellis.uchicago.edu (sven hauptfeld) writes:
- > In article <1992Dec22.011249.594@uoft02.utoledo.edu> dcrosgr@uoft02.utoledo.edu writes:
- >>In article <4471@cvbnetPrime.COM>, fdeming@cvbnet@prime.com (Frank Deming {x6088}) writes:
- >>>
- >>> I believe no one has indicated Bobby Fischer is the property of the US
- >>> goverment.
- >>
- >>Then how do they exercise jurisdiction over him when he is NOT within US
- >>borders? What claim do they have to control his actions?
- >
- > This is really idiotic. Do you think that government having jurisdiction over
- > its people mean that those people are its property?
-
- God, are subtlties ever lost on you...
-
- No, What I am saying is that by claiming to exercise absolute power over
- a person when they are beyond its borders, a country ACTS like the citizen is
- property of the State. Remember five, ten years ago? Russia forbidding its
- citizens from leaving the country and working elsewhere? Remmeber how
- we called them the "Evil Empire" because of this?
-
- Well, bucko, we just adopted some if their tactics.
-
- And do you think that a US
- > citizen who kills somebody in another country would be immune of a trial by a
- > US court?
- >
- > You must be either kidding or totally ignorant.
-
- I did not say that. But, it would be the foreign court(s) which hold
- jurisdiction over the American citizen in that case. We might honor an
- extradition treaty and ship the US citizzen back there for trial, but
- we would not try the person here.
-
- Q. Why do you think whenever we find an old autoworker who lived in Germany
- during WWII we ship him to Israel for trial?
-
- A. Because we can't try him here!
-
- >
- >>
- >>Last time I checked, the U.S. constitution did NOT extend to Yugoslavia,
- >>but maybe I have been studying the abridged version.
- >
- > However, the UN Charter DOES extend to Yugoslavia, which signed it and thus
- > gave the UN the right to enforce it. The same applies to the US, which, in this
- > case, is playing by the rules.
-
- Wrong. It looks good on paper, and is bound to fool people with no
- understanding of the concept of federalism and of conflict of law doctrines.
- (Which would explain why you are having such a hard time with all of this.)
-
- See, the Federal Government has ONLY the powers which the States granted to it.
- (Your Constitution.) If the state lacks the authority to do something, it can
- not be given to the U.S. Government.
-
- If the U.S. Goverment lacks the power to do something, it can not bind its
- citizens into an action in that area. Therefore, it can not sign agreements
- binding its private citizens in some areas.
-
- Corporations, yes. Corporations are 'fictional persons' (yes, that is the legal
- phrasing!) which are 'creatures' of the state they are created in. They have
- only limited rights under the Constitution, and everything else can be yanked
- by the state in a heartbeat.
-
- That was settled over a century ago. (Indeed, msot of the doctrine was in place
- BEFORE the Cnstitution was dreamed up.)
-
- The U.S. Governemtn can bind a corporation. No problem. However, unless Bobby
- Fischer was playing for Bobby Fischer, Inc., the goverment has NO authority ove
- rhis livlihood in another country.
-
- Why do you think alll of those mercs who advertised in SOF stated in their ads
- "Must be legal if in U.S." ???? It's because if it is outside of the U.S., you
- can't be tried for it here.
-
- The State Department KNOWS it is going to lose this claim against Fisher. Just
- like local governments will pass laws they KNOW will be struck down. (The
- Toledo City Councel passed an ordanance banning the playing of "Grandma Got Run
- Over By A Reindeer" on Toledo radio. No, I am NOT kidding. Why did they pass
- it? Some people were complaining, so to make the voters hapy, they passed the
- law. Totally void law. Only the FFC can limit what is played on radio, and even
- then the Constitution limits the FCC's powers.)
-
- But, in the meantime, the administration can tell all of the people who think
- the US Government is the World Police Force, "Well, we ARE taking this
- seriously! We will not tolerate what is going on over there! Why, just look at
- all the bad things that will happen to Bobby Fischer if he returns! By
- God--there will be no U.S. citizens playing chess for money in Yugoslavia!!!"
-
- And, you are buying it.
-
- >
- > If you think the rules are stupid and should be abandoned, you must also think
- > that the US had no jurisdiction over the Nazi WWII criminals, or no right to
- > prevent nuclear missiles deployment in Cuba, or whatever... (I am not saying
- > that those are exact analogies and any attempt to misinterpret them as such
- > will be ignored).
-
- Exact? I'd be happy if you came up with CLOSE!!! Or IN THE SAME BALLPARK!!!
-
- WE HAVEN'T TRIED NAZI WAR CRIMINALS IN THE US!!! WE DON'T HAVE JURISDICTION!!!
-
- The prevention of missle deployment was an act of OUR NATIONAL SURVIVAL!!!
- We did NOT look to any man-made laws for our justification, we looked to what
- would happen to us if we didn't stop the deployment. Castro was a crazy man who
- WANTED to use nukes. He was so far gone even Kruschev backed away from him!
- What we did was prevent a lunatic from acquiring control of nuke ICBM within 70
- miles of our borders!!!
-
- That was an act of National defense, whcih I am surprised even you could
- compare to Bobyy Fischer playing chess. (Well, OK, I admit I am not too
- surprised.)
-
- >
- > Sven
-
- And, oh, yes. I am used to you ignoring the fallacies in your arguments when
- they are pointed out. Nothing new there.
-
-
- >
-