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Local News & Opinion
01.26 Local Democrats Invited to Brainstorming Session on Sun., Jan. 31 Ref. : Local Newsbriefs Travel
Books, Films, Arts & Education
02.04 'The Power of Nightmares': Underwear vs. Reason Letters
Ref. : Letters to the editor Open Letters:
Health & Environment
Video National Health Care Systems In Other Countries 02.03 States Face Worsening Recession with Health Care Funds on the Chopping Block 01.18 Drugmaker Got Kickbacks for Nursing Home Patients Media Watching
02.04 Err-America 02.03 The Right Gets Itself 'Wired' Ref. : The Daily Howler Legal Matters
01.25 Thinking About Fictions 01.24 US Democracy's End of the Road 01.22 Editorial: U.S. Supreme Court Nails Down the Coffin of Democracy 01.22 Security Fools US Politics, Policy & Culture
02.09 Palin, Psy-Ops & 'Condescending' Libs 02.09 Growing Hunger in America 02.08 The US Government has Lost its Reason for Being 02.08 Thinking About Oracles 02.06 No Direction Home: Pakistan and the Imperial Principle 02.04 Howard Zinn and the State of the Union 02.04 The US Supreme Court: Vanguard of Friendly American Fascism? 02.04 The New War Against Money 02.04 David Brooks Goes After Greedy Geezers 02.02 Obama's Budget Ducks Pentagon Cuts 02.02 Budgets, War and Blind Ambition: The Limited Minds of the American Elite 02.01 Thinking About Definitives 02.01 Remembering Howard Zinn (1922 - 2010) 01.29 American History 101: We Are Devo 01.29 Obama's Outreach to Americans: Empty Rhetoric, Business As Usual 01.28 The Supreme Court's Partisanship 01.27 Freeze Frame: Flopsweat and Farce in the Hollow Halls of Power 01.25 Granny D on Campaign Finance Reform 01.25 S.C. Republican’s Plan: Starve the Poor So They’ll Stop “Breeding” 01.23 It's Time for Kucinich, Conyers, Feingold and Other `Progressives' in Congress to Take a Stand 01.21 Massachusetts' Message of Stupid 01.21 Terrorism Defined: Bill Clinton Lights Our Way to Truth 01.21 How Obama Lost His Way 01.21 Political Earthquake Rocks Massachusetts 01.20 Obama Cuts Deal that Will Reduce Social Security, Medicare and all Entitlements 01.20 Critical Mass: Dem Agenda Opens Right-Wing Doors 01.19 Outsourcing War: The Rise of Private Military Contractors High Crimes?
01.25 The Silence and the Shield: Depraved Indifference to the Atrocities of Power 01.19 Dark as a Dungeon: A Brutal System Stripped Bare Economics & Business Non/Mis/Malfeasance
02.07 AIG-Gate: The World's Greatest Insurance Heist 02.06 The Free Market Fetish 02.04 The Crisis is Not Over 02.03 States Face Worsening Recession with Health Care Funds on the Chopping Block 02.02 Rule by the Rich 01.29 The Battle of the Titans: JPMorgan vs. Goldman Sachs 01.27 State of the Union: Obama’s “Automatic IRA” Plan Could Make Bush’s Wildest Dreams Come True 01.26 Obama, Read Your Reagan on Capital Gains Taxation 01.24 Funding Public Health Care with a Publicly-Owned Bank: How Canada Did It 01.18 Thinking About Accelerants International
02.08 Aafia Siddiqui: Victimized by American Injustic 02.07 Annals of Liberation: Obama Surge Driving Thousands From Their Homes 02.05 Human Rights Abuses in Israel and Occupied Palestine 02.03 Child Slavery in Haiti 01.30 Blood is His Argument: Tony Blair's Gentle Cuddling at Iraq "Inquiry" 01.28 Obama Ignores Key Afghan Warning 01.27 Haiti's Earthquake: Natural or Engineered 01.26 Helping Haiti’s Elders 01.26 Focus on Israel: Harvesting Haitian Organs 01.25 Focus on Haiti: Washington's Militarized Takeover 01.22 The Lessons of Boycott, Divestment and Sanctions 01.18 Disaster Capitalism Headed to Haiti We are a non-profit Internet-only newspaper publication founded in 1973. Your donation is essential to our survival.
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COMMENTARY:Bush's Bogus Theory of Absolute PowerThe fact that the administration is getting away with this charade symbolizes how docile much of the American media and political opposition have become.
The Bush administration has a theory to explain why the Founding Fathers secretly intended for the president to have boundless power. Even though the new "unitary executive theory" is nowhere in the Constitution, White House officials continually invoke it to justify scorning federal law. The fact that the administration is getting away with this charade symbolizes how docile much of the American media and political opposition have become.Earlier this year, members of Congress anguished publicly over how many of the original USA PATRIOT Act surveillance powers should be renewed. A bipartisan agreement was finally reached, giving the White House almost everything it wanted. As part of the deal to renew the Patriot Act, Bush administration officials agreed to provide Congress more details on how the new powers were being used. However, Bush reneged in a "signing statement" quietly released after a heavily hyped White House signing ceremony on March 9. He decreed that he was entitled to withhold any information that would "impair foreign relations, national security, the deliberative process of the executive, or the performance of the executive's constitutional duties." He announced that he would interpret any provision in the law obliging notifying Congress "in a manner consistent with the president's constitutional authority to supervise the unitary executive branch and to withhold information." The crux of the "unitary executive" is that all power rests in the president, and that "checks and balances" are an archaic relic. In other words, any provision of the law that requires disclosure is presumptively null and void. The crux of the "unitary executive" is that all power rests in the president, and that "checks and balances" are an archaic relic. This is the same "principle" the Bush administration invoked to deny Congress everything from Iraqi war plans to the records of the Cheney Energy Task Force. Bush has invoked the "unitary executive" doctrine almost a hundred times since taking office, according to a study by Miami University professor Christopher Kelley. Even though the new "unitary executive theory" is nowhere in the Constitution, White House officials continually invoke it to justify scorning federal law. One of the starkest statements of this theory came in the confidential August 2002 Justice Department/White House memo justifying torture. That memo revealed, "In light of the president's complete authority over the conduct of war, without a clear statement otherwise, criminal statutes are not read as infringing on the president's ultimate authority in these areas." And even if Congress did try to explicitly restrain executive power, any such law would be unconstitutional because of the inherent power vested in the presidency, according to the memo. When he was White House counsel, Alberto Gonzales spoke of a "commander-in-chief override" to justify scorning the Anti-Torture Act. The Bush administration's sense of entitlement is obvious from the ongoing controversy over warrantless National Security Agency wiretaps of Americans. Such wiretaps are clearly prohibited by the 1978 Foreign Intelligence Surveillance Act. Yet Bush declared that he is entitled to order such wiretaps because of the inherent authority of the presidency. When asked, "What is the limiting principle of the president's claimed inherent authority as commander in chief?," the administration replied, "In light of the strictly limited nature of the Terrorist Surveillance Program, we do not think it a useful or a practical exercise to engage in speculation about the limits of the president's authority as commander in chief." The administration's attitude toward both the law and Congress was stark in the responses recently delivered to congressional questions on the scope and nature of the NSA warrantless wiretap program. The basic answer to almost all the questions was, "None of your business." Again and again, the White House declared that "decisions about what communications to intercept are made by professional intelligence officers." Apparently, the job titles of the NSA officials automatically negate the Fourth Amendment's requirement for a warrant before the feds can intrude. The Bush administration has claimed that the wiretaps are "legal" because of the president's duty to protect America. Democratic members of the House Judiciary Committee asked, "What is the limiting principle of the president's claimed inherent authority as commander in chief?" The administration replied, "In light of the strictly limited nature of the Terrorist Surveillance Program, we do not think it a useful or a practical exercise to engage in speculation about the limits of the president's authority as commander in chief." At this point, Americans can only guess which laws Bush feels obliged to obey. At this point, Americans can only guess which laws Bush feels obliged to obey. According to Newsweek, Steven Bradbury, head of the Justice Department's Office of Legal Counsel, recently informed the Senate Intelligence Committee that Bush could order killings of suspected terrorists within the United States. The "unitary executive" theory is simply another in a long series of intellectual cons crafted to trample freedom. Americans cannot expect to have good presidents if presidents are permitted to make themselves czars. The "unitary executive" theory is simply another in a long series of intellectual cons crafted to trample freedom. The sooner that it is tarred and feathered and ridden out of Washington on a rail, the safer Americans' remaining rights will be. James Bovard is the author of the recently published Attention Deficit Democracy and eight other books and serves as policy advisor for The Future of Freedom Foundation (fff.org).
Copyright © 2006 The Baltimore Chronicle.
All rights reserved. Republication or redistribution of Baltimore Chronicle content is expressly prohibited without their prior written consent. This story was published on April 7, 2006. |
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