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01.18 Learning From Cuba’s ‘Medicare for All’

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01.17 Could a Green New Deal Save Civilization? [Intelligent government is desperately needed]

01.17 New plant-focused diet would ‘transform’ planet’s future, say scientists

01.17 Studies Show Ice Melting and Ocean Warming Both Happening Much Faster Than Previously Thought

01.16 Immediate fossil fuel phaseout could arrest climate change – study [Intelligent government is desperately needed]

01.16 Our oceans broke heat records in 2018 and the consequences are catastrophic [charts]

01.15 Solar Farms Shine a Ray of Hope on Bees and Butterflies [Wonderful!]

01.15 Australia could hit 100% renewables sooner than most people think

01.15 Ion age: why the future will be battery powered

01.15 Barclays on wrong side of history with climate policy, says Greenpeace

01.15 'One fish at a time': Indonesia lands remarkable victory

01.15 Insect collapse: ‘We are destroying our life support systems’

01.14 V.A. Seeks to Redirect Billions of Dollars Into Private Care [The most public and efficient healthcare in America has been demonized and will be destroyed rather than improved, raising total  per-capita costs]

01.14 Saudi Arabia Increases Solar Targets To 20 Gigawatts By 2023 & 40 Gigawatts By 2030

01.14 Solar + Storage Half The Cost Of Gas Peaker Plants — 8MinuteEnergy

01.14 Why thousands of Los Angeles teachers are going on strike [Well at least we got a big tax-cut for the super-rich, that was the most important thing.]

01.14 Air pollution 'as bad as smoking in increasing risk of miscarriage'

01.09 Dutch eco initiative halves energy bills in first UK homes

01.09 'It's a nightmare': Americans' health at risk as shutdown slashes EPA

01.08 Monarch butterfly numbers plummet 86 percent in California [0:58 video; Do You Care?]

01.08 Carbon emissions up as Trump agenda rolls back climate change work [Making America Less  Great Again]

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01.18 “Are We Really Where We Are?”: Trump, Putin, and Washington’s Unbelievable New Normal

01.18 With Mattis Gone, Trump Is Already Sowing More Global Chaos [Trump plays General—what could go wrong...]

01.18 The Right’s Case Against Soaking the Rich Is Dirt Poor

01.18 Trump Worsens the Border Crisis

01.18 Impeach Donald Trump

01.18 President Trump Directed His Attorney Michael Cohen To Lie To Congress About The Moscow Tower Project [An impeachable offense]

01.18 10 Things We All Lose If Bernie Chooses Not to Run in 2020 [Intelligent government is desperately needed]

01.17 These 2020 hopefuls are courting Wall Street. Don't be fooled by their progressive veneer

01.17 Alexandria Ocasio-Cortez lambasts US government shutdown in first House speech [3:27 video; Intelligent government is desperately needed]

01.16 Bill Maher: If We Don’t Impeach President Donald Trump, Where Is The Bar? [9:49 video; Intelligent government is desperately needed]

01.16 With US 'Drilling Towards Disaster,' Report Warns Anything Less Than Urgent Green New Deal Will Be 'Too Little, Too Late' [Intelligent government is desperately needed]

01.16 Trump plans to relax Obama rules for oil companies put in place after BP disaster [Intelligent government is desperately needed]

01.16 Trump's war on science: how the US is putting politics above evidence [Consistently stupid and harmful policies... Seeing a pattern?]

01.16 Can Philadelphia 'stop people from dying' as drug crisis and gun violence rage on? [Whole country suffers from lack of effective federal policies... Seeing a pattern? P.S.: The answer is not a Wall!]

01.16 Why are more Americans than ever dying from drug overdoses? [graphs]

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01.15 The US apparently kept no detailed notes of Trump-Putin meetings for the past 2 years

01.15 California’s largest utility just declared bankruptcy. Hello, climate change.

12.28 Mueller closes in: what will the Trump-Russia inquiry deliver in 2019?

High Crimes?
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01.17 Trump's economy is great for billionaires, not for working people [chock-full of pesky facts that government and media ignore and distort]

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01.17 +++ Brexit crisis: Germany and Europe react — live updates +++

01.17 White people assume niceness is the answer to racial inequality. It's not [More equality requires us to fix ignored and distorted problems]

01.16 Global tensions holding back climate change fight, says WEF [Consistently stupid and harmful policies... Seeing a pattern?]

01.16 How Governments React to Climate Change: An Interview with the Political Theorists Joel Wainwright and Geoff Mann

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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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