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Health Care & Environment
12.17 Brazilian police foil million-dollar fraud to export precious wood to China [clear-cutting forests harshly impacts all life above and below ground-level for decades; it decreases oxygen production and seguestration of CO2 and increases area, frequency and duration of drought]
12.13 English rivers polluted by powerful insecticides, first tests reveal [Are similar tests of U.S. waters conducted by the EPA anymore? We think not...]
News Media Matters
12.17 A Report to Our Readers
US Politics, Policy & 'Culture'
12.17 'Making America Stupid Again': Outrage Over Forbidden 7 Words You Can't Say at Trump's CDC [“Stupid is as stupid does.” –Forrest Gump]
12.16 Poverty in US set to increase due to Donald Trump's policies, says UN official [oligarchy-controlled countries are wonderful for the very rich]
12.16 Republicans Despise the Working Class [oligarchy-controlled countries are wonderful for the very rich]
12.17 Venue of last resort: the climate lawsuits threatening the future of big oil [something else Republicans are packing the courts for...]
12.15 Who Pays for Judicial Races? The Politics of Judicial Elections 2015-16 [desperately packing the courts at all levels to protect white power & unregulated capitalism]
12.13 US Concern Over 'Pervasive' High-Level Corruption Surging Under Trump: Poll [anyone surprised?]
12.17 Trump’s Misuse of Intelligence on Iran [immoral behavior that could lead to War]
Economics, Crony Capitalism
12.17 How a Philadelphia nun became the unlikely face of conscientious capitalism [Why don't we teach morality in Law & Business schools?]
12.16 The Republican Tax Bill Provides Huge Benefits to People Who Don’t Work. But Only if They’re Rich. [oligarchy-controlled countries are wonderful for the very rich]
12.16 The United States Is Now as Unequal as Russia. And That’s Before the Tax Bill. [oligarchy-controlled countries are wonderful for the very rich]
12.16 EU to force firms to reveal true owners in wake of Panama Papers [what are the chances oligarchy-controlled countries (esp. America and Russia) ever agree to fight tax evasion and money landering? International agencies must all mandate common regulations as a condition for UN membership, trade agreements, world bank loans, etc.]
12.15 FCC Chair Ajit Pai 'Shows Just How Dumb He Thinks Americans Are' With Video Mocking Net Neutrality [he won't discuss how giving more monopoly power to cable ISPs will increase consumer costs and stifle innovation]
12.13 The “Death Tax” Cargo Cult [we lack for morals and sanity in U.S. media & politics]
International & Futurism
12.17 Africa’s new elite force: women gunning for poachers and fighting for a better life [a good model that converts victims of abuse and cruelty into positive activists with good jobs...]
12.14 Israeli undercover soldiers seen arresting Palestinian protesters [Palestinians need more and better weapons for a fair fight]
Bush's Bogus Theory of Absolute Power
The 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).
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This story was published on April 7, 2006.