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09.18 'Terrifying' New Climate Models Warn of 6-7°C of Warming by 2100 If Emissions Not Slashed

09.17 New Report Details 10 'Critical Transitions' to Tackle the Climate Crisis and Feed the World

09.16 Common pesticide makes migrating birds anorexic [Neonicotinoids, again...]

09.16 ACT plans far-reaching electrification of vehicles and homes in drive to reduce emissions

09.16 'Like a sunburn on your lungs': how does the climate crisis impact health? [Important]

09.16 $1m a minute: the farming subsidies destroying the world [Important]

09.15 German Study: Alarming Levels of Dangerous Plastics in Children's Bodies

09.15 Sea levels may rise more rapidly due to Greenland ice melt

09.15 The world has a third pole – and it's melting quickly

09.14 Not Just the Bees, First-of-Its-Kind Study Shows Neonics May Be Killing Birds Too [A GESTALT: Like happened at Boeing, deregulation has displaced scientific and engineering professionalism in many companies and governments to focus on profits/economics almost exclusively. But after similar failure of scientific rigor, die-off reports of bees, worms and sea-life, generally, there must be a moritorium on production, sale and use of all potentially dangerous chemicals!]

09.13 Trump Rollback of Key EPA Water Protection Rule Denounced as 'Callous' and 'Immoral' Giveaway to Big Polluters

09.13 Worms fail to thrive in soil containing microplastics – study

09.13 Dolphins in Channel carry 'toxic cocktail' of chemicals [What is safe to eat?]

09.11 How Can We Address Climate Change Through Agriculture? [3:43 video]

09.11 New solar tech could revolutionise electricity production

09.11 'It can kill you in seconds': the deadly algae on Brittany's beaches

09.10 How to look after your mental health

09.10 Who’s Ready for the Electric Moped Moment? [Uses car lanes instead of sidewalks!]

09.09 The Climate Investment That Promises 400 Percent Returns

09.09 Suicide rates are rising across the US, especially in rural areas

09.08 Blend solar panels with agriculture, new study recommends

09.08 Before Hurricane Dorian, Charleston Already Had a Flooding Crisis

News Media Matters

09.16 From Voice of America to NPR: New CEO Lansing's Glass House

09.15 'No Policy, No Facts, Just Displays of Violence': Ocasio-Cortez Says Hysterical Ad Proves GOP Has No Response to Progressive Vision [0:30 video]

09.14 Sanders Campaign Hits Back Against 'Dishonest' Biden Attack on Medicare for All [The facts don't lie, but America's media totally does lie when paid by advertisers to distort single-payer as more expensive: 1:35 video]

09.12 Media bias is OK – if it's honest [‘It should be obvious that there can’t be such a thing as a neutral journalist.’]

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09.18 Why Trump Can’t Learn: An Educated Guess by a Veteran Teacher [Might dyslexia explain the Republican party, generally?]

09.18 'Heartless and Unconscionable': Outrage as General Motors Cuts Off Healthcare for 50,000 Striking Workers [Hideous corporate behavior putting 50,000 families at greater health and bankruptcy risk.]

09.18 Whole Foods Will Cut Health-Care Benefits for Nearly 2,000 Employees [Hideous corporate behavior putting 2,000 families at greater health and bankruptcy risk.]

09.18 US healthcare is booming. So why do one in five workers live in poverty?

09.18 Greta Thunberg to Congress: ‘You’re not trying hard enough. Sorry’

09.17 'The silenced': meet the climate whistleblowers muzzled by Trump

09.17 Democrats have long blamed 'culture' for black poverty. Joe Biden is no exception

09.17 The Guardian view on the future of work: share out the benefits

09.16 America is stuck with Brett Kavanaugh

09.16 Sanders Responds to Biden's Praise for Pharma Companies: 'Their Behavior Is Literally Killing People Every Day'

09.15 'Americans are waking up': two thirds say climate crisis must be addressed

09.15 The Plutocratic War on People: Centrists and Conservatives are Ignoring the Giant Elephant in Our National Living Room

09.14 The U.S. Health-Care System Found a Way to Make Peanuts Cost $4,200

09.14 California church leaders 'used homeless as forced labour' [A coarsening of public behavior...]

09.14 Taco Bell customer who was treating homeless group to meals says she was kicked out of restaurant [A coarsening of public behavior...]

09.14 We Asked Prosecutors if Health Insurance Companies Care About Fraud. They Laughed at Us.

09.14 Elizabeth Warren’s Health Care Plan Still Leaves a Lot of Unanswered Questions

09.14 Medicare for All Would Cut Poverty by Over 20 Percent

Justice Matters

09.14 NY AG uncovers $1 billion in Sackler family wire transfers amid opioid probe: report

09.12 'Decades of Progress Are at Stake' as Trump Reaches 150 Lifetime Judicial Appointments and Right-Wing Court Takeover Accelerates

09.12 JUSTICE SOTOMAYOR ISSUES SCATHING DISSENT TO SUPREME COURT'S ASYLUM RULE DECISION: THE STAKES 'COULD NOT BE HIGHER'

09.11 Former top FEMA officials arrested on fraud charges in Puerto Rico

09.09 The great break-up of Big Tech is finally beginning [Facebook and Google effectuate the evil of data analytics]

High Crimes vs. Human Rights
Economics & Corrupt Capitalism

09.12 The insidious ideology pushing us towards a Brexit cliff-edge

09.12 Boeing's travails show what's wrong with modern capitalism

International & Futurism

09.18 If the world ran on sun, it wouldn’t fight over oil [1:45 video]

09.17 ONLY A GREEN NEW DEAL CAN DOUSE THE FIRES OF ECO-FASCISM

09.17 The Guardian view on Modi’s 100 days: trashing lives and the constitution

09.17 The Observer view on the threat posed to Israel by another Benjamin Netanyahu victory

09.17 For Palestinians, Israel’s elections promise nothing but defeat

09.17 I now look back on my 20 years of climate activism as a colossal failure

09.17 The world ignored the warning signs – and now the Middle East is on the brink

09.16 EXCLUSIVE: Iranian drones launched from Iraq carried out attacks on Saudi oil plants

09.16 'We walk with our heads high': the women who care for country by fighting fire with fire

09.16 Inheritance tax would be scrapped by the Brexit party – good news for the very rich

09.16 Tunisian exit polls suggest shock victory for political outsiders

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  Bush's Bogus Theory of Absolute Power

COMMENTARY:

Bush's Bogus Theory of Absolute Power

by James Bovard
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).


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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