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10.19 How big pharma's money – and its politicians – feed the US opioid crisis [most governments impose price controls, but US Republicans and neoliberal Democrats are bribed to pretent that's not possible]

10.19 Self-harm among girls aged 13 to 16 rose by 68% in three years, UK study finds [drug use and crime are also caused by the same factors, but the $millionaires demand another tax cut so...]

10.19 World's deepest lake crippled by putrid algae, poaching and pollution

10.19 Warning of 'ecological Armageddon' after dramatic plunge in insect numbers [Good job, Monsanto!]

10.18 'This is a really big deal': Canada natural gas emissions far worse than feared [roughly equivalent to all the cars and trucks in Canada]

10.17 Scott Pruitt, Who Loved to Sue EPA, Just Made It Harder for Green Groups to Sue EPA

10.16 The war on coal is over. Coal lost.

10.15 Rooftop Solar Provides a Record-Breaking 48% of South Australia’s Power

10.14 Geoengineering is not a quick fix for climate change, experts warn Trump

10.13 The Grain That Tastes Like Wheat, but Grows Like a Prairie Grass

10.13 Climate Change Is Making It Harder to Grow Rice [might there be a “perennial rice” with much deeper roots to survive droughts?]

10.13 'If the land isn't worked, it decays': Tunisia's battle to keep the desert at bay [beautiful business plan for LIFE]

10.13 Trump scraps Obamacare subsidies in surprise late-night announcement [videos; his Infantilism should cause his impeachment]

10.12 Oxford aims for world’s first zero emissions zone with petrol car ban

10.12 Draughty homes targeted in UK climate change masterplan

News Media Matters

10.17 Malta car bomb kills Panama Papers journalist

10.15 The Establishment Still Doesn't Recognize The Political Revolution That's Happening [the question is, CAN MAINSTREAM NEWS MEDIA – desperate for corporate advertising as revenue falls – ALLOW CHANGE TO HAPPEN?]

Daily: FAIR Blog
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US Politics, Policy & 'Culture'

10.19 War veterans deploy themselves to help Puerto Rico relief [video]

10.19 Is racial bias driving Trump’s neglect of Puerto Rico? [the evidence is obvious]

10.19 An Independent Thinker’s Guide to the Tax Debate

10.19 Even After Equifax and Wells Fargo, GOP Sides With Big Financial Institutions [as do neoliberal Democrats like Hillary Clinton]

10.18 TA-NEHISI COATES UNPLUGGED [audio & transcript]

10.17 How Anti-Trump Psychiatrists Are Mobilizing Behind the Twenty-Fifth Amendment

10.17 McCain blasts 'half-baked, spurious nationalism' in emotional speech [video]

10.16 The Danger of President Pence

10.16 The Texas town where all the energy is green [Alert! Ignoring party leadership, exceptional Republicans use reason to do good!]

10.16 Nevada to Big Pharma: ‘Show Us Your Books!’

Justice Matters

10.17 Trump could remake judiciary for ‘40 years’ — with controversial picks [America will become more like Malta; facilitating corporate/mafia criminality to the maximum]

High Crimes?
Economics, Crony Capitalism

10.19 SOCIALISM, LAND AND BANKING: 2017 COMPARED TO 1917

10.17 The Decline of the Midwest's Public Universities Threatens to Wreck Its Most Vibrant Economies

10.17 Trump Revives Notorious GOP Dog Whistle in Call for 'Welfare Reform' [less money "wasted on welfare" would allow larger tax cuts for "the more deserving rich"]

10.17 For Abandoning Climate Accord, Pope Swipes Trump on World Food Day [Trump is attuned to serve billionaire friends and himself]

10.14 KOCH BROTHERS’ INTERNAL STRATEGY MEMO ON SELLING TAX CUTS: IGNORE THE DEFICIT

10.14 How to Wipe Out Puerto Rico’s Debt Without Hurting Bondholders

International & Futurism

10.18 The lie that poverty is a moral failing was buried a century ago. Now it’s back

10.18 Who Has the World's No. 1 Economy? Not the U.S.

10.18 Robots Are Coming for These Wall Street Jobs [interactive graphics]

10.18 George Soros gives $18bn to his charitable foundation

10.18 The Guardian view on murdering the messenger: a desperate situation

10.17 For Abandoning Climate Accord, Pope Swipes Trump on World Food Day [Trump is attuned to serve billionaire cronies and himself]

10.17 The Movement of #MeToo

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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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