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Avoiding constitutional crises

by: Clem Guttata

Wed Jul 09, 2008 at 12:18:26 PM EDT


I'm still struggling to figure out how the majority of Congress has given away so much constitutional authority to the executive branch over the last seven years.

It's bad enough when the legislative branch totally fails to provide effective oversight of the executive branch.

If the matters at hand were merely a matter of divvying up powers between Congress and the President, that would be one thing. What is truly disheartening is the loss of fundamental personal freedoms enshrined in our bill of rights.

Any one of us could--because of what we say on a phone conversation, because of a book we check out at the library (or what we buy on eBay), because of a meeting we attend, because of an Internet search we perform, or, even because of similar actions by someone we are thought to know--literally, any one of for any reason the President says is okay, can now be picked up off the street, sent to a foreign detention facility, and held indefinitely without charges.

I wish this were hyperbole. Sadly, it is not. President Bush had continually enacted through signing statements and through unchallenged concrete actions the principle of unified executive power.

President Bush claims the open-ended war on terror gives him reason to suspend any individual constitutional rights he sees necessary to engage in that war.

The reaction from the majority of Congress is as laughable as it lamentable. The majority of Congress has agreed to simply trust the President. This stance is the total antithesis to our Constitution, an insult of the founding principles of our country, and a complete abdication of Congressional responsibility.

How has this happened?

All I can figure is, the majority of Congress is afraid of confrontation. There is a constitutional crisis underway. Instead of dealing with it head on, today Congress is once again appeasing the President.

Few in Congress are willing to call a spade a spade. Few in Congress are willing to stand up for the constitution. Few in Congress are willing to do fully do their job.

For that, we the people suffer.

Clem Guttata :: Avoiding constitutional crises
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Oath of Office (4.00 / 3)
The Congress is Article I. Ask any first born child: what comes first matters. The healthy suspicion of the strong executive in our founding fathers has disappeared.

When I saw Anne Barth at the State Convention last month I mentioned the Article I buttons that freshman John Yarmuth (KY-03) had made. Watching returns on CNN at the Callahan HQ, I knew we had taken back the House when his results came in! Yarmuth is a former journalist.

I suggested Anne ask Shelley about that at one debate. No Republican would take a button as far as I know. Obviously even those who took the buttons don't really understand it.

I read the Declaration of Independence and the Constitution while doing laundry on the 4th of July. I think that is a good family tradition.

I am now weeping on my lunch as I watch C-CPAN2 and the Senate votes down Feingold, Dodd, Specter and Bingaman. I guess losing my Jay'08 button was kismet.

This may be as much CYA for the leadership as generally caving. The Gang of 8 briefings really boxed Pelosi and Reid in long ago. It made them partners in the conspiracy. Brillant.

I believe career DOJ lawyers who quit may be our best hope. Let the lawyer jokes commence.

The Bill of Rights were Amendments, not Articles. When you have spare time look up what Jefferson wanted as 11 and 12.

also known as CA Hussein WV

NFTT: Support My Team or I Will Dance


Looks like Rockefeller may be ramming his retroactive immunity FISA "fix" thru congress today. (4.00 / 1)
There has been much written about why he's doing this. I have a new theory based on Rockefeller's little handwritten lovenote to Dick Cheney. Regardless of immunity provision, however, the note proves that he became complicit in  Bush's felony around mid-July, 2003.

But Rockefeller won't be prosecuted unless they go after Bush, which is far less likely now that the telecom's won't ever required to reveal what they've done. Thanks to Rockefeller's FISA fix.

Come to think of it, if they prosecute Bush for torture (as he's admitted), they'll have to prosecute Rockefeller for that as well, because he was fully briefed as early as 2002 and not only kept his mouth shut, Rockefeller actually was one of only 12 Democrats in the Senate to revoke habeas corpus and make torture legal!

He was also on the Senate Select Oversight Committee for defense intelligence when the full, un-redacted, pre-Iraq invasion National Intelligence Estimate was made available him, and to only a select few in congress. On the November 13, 2005 edition of "Fox News Sunday," Sen. Jay Rockefeller (D.-W.Va.), the vice chairman of the Senate Intelligence Committee, told host Chris Wallace, "There were only six people in the Senate who did [read the NIE], and I was one of them." Rockefeller said he was "sure" that Intelligence Chairman Pat Roberts (R.-Kan.) had also read it.

That assessment made it abundantly clear that Hussein's weapons capabilities were nowhere near what the White House advertised. He could have put the brakes on the Iraq war had he but chosen to speak out, but instead he voted to let Cheney fire up the most powerful war machine on earth to run down a tiger that was essentially toothless. To me, Rockefeller's platitudes on the floor of the Senate regarding that NIE rang quite hollow back in June.

John D. Rockefeller IV is my senator, as is Robert C. Byrd (D-WV). Only one of them would ever vote to grant retroactive immunity to the telecoms and help Bush dodge prosecution for his felonious activity. When Rockefeller does, he will apparently have successfully covered up his own complicity in the commission of a felony crime.  

 


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