A proud member of the reality-based community
This site is a member of WebRing. To browse visit here. Wednesday, January 04, 2006 We no longer have a rule of law in this country In 1780, as part of the constitution of the Commonwealth of Massachusetts, John Adams made one of the most quoted statements of American history. I remember reading it in ninth grade civics.In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men. The Supreme Court of the United States and every one of the state supreme courts have upheld this fundamental principle of democratic government.Regardless, it is no longer in effect in the United States. The deceiver in the White House has said publicly that he will do whatever he wants. He has said that by virtue of his occupation of the presidency he is entitled to order whatever action he wishes to order, and to ignore whatever law he wishes to ignore. The most recent example of this took place when Bush signed the recently-passed defense spending bill--the bill that contains John McCain's anti-torture amendemnt. In his "signing statement," Bush said: The executive branch shall construe Title X in Division A of the Act, relating to detainees, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power, which will assist in achieving the shared objective of the Congress and the President, evidenced in Title X, of protecting the American people from further terrorist attacks. In an article in today's Boston Globe online, a senior White House official makes it clear what that means:A senior administration official, who spoke to a Globe reporter about the statement on condition of anonymity because he is not an official spokesman, said the president intended to reserve the right to use harsher methods in special situations involving national security.''We are not going to ignore this law," the official said, noting that Bush, when signing laws, routinely issues signing statements saying he will construe them consistent with his own constitutional authority. ''We consider it a valid statute. We consider ourselves bound by the prohibition on cruel, unusual, and degrading treatment."But, the official said, a situation could arise in which Bush may have to waive the law's restrictions to carry out his responsibilities to protect national security. He cited as an example a ''ticking time bomb" scenario, in which a detainee is believed to have information that could prevent a planned terrorist attack.In all but one item contained in the bill, Bush specifically stated that his obedience to the law passed by our elected representatives depended on his willingness to obey it, and not on any constitutional obligation. He even specifically stated that one measure of the law, that requires the Attorney General to consult congress before allocating monies for certain kinds of expenditures, would be construed as requiring "only notification." Language in Division B of the Act, under the heading "Office of Justice Programs, State and Local Law Enforcement Assistance," purports to require the Attorney General to consult congressional committees prior to allocating appropriations for expenditure to execute the law. Because the President's constitutional authority to supervise the unitary executive branch and take care that the laws be faithfully executed cannot be made by law subject to a requirement to consult with congressional committees or to involve them in executive decision-making, the executive branch shall construe the provision to require only notification. At the same time, the Attorney General shall, as a matter of comity between the executive and legislative branches, seek and consider the views of appropriate committees in this matter as the Attorney General deems appropriate. (emphasis mine)Did you understand that? The President of the United States has just said that he would obey the law only to the extent that he wished to, and that additionally, he could short-circuit provisions of the law that pertain to other governmental officials.We are no longer ruled by consitutional law in this country. Could anyone have believed it possible?Bush is fond of saying, "There is an enemy who lurks and wants to destroy us." Yep, there sure is. He sits in that big white house at 1600 Pennsylvania Avenue. posted by Liz @ 9:02 PM | The template is set to display 10 posts. To see all the posts for this month, click on the month name in the Archive section RSS Feed PERSONAL Send email toliz at life-as-a-spectator-sport.com Home I'm a mother, grandmother, a computer professional, Democrat, Christian. I welcome politely worded comments and email, my spam filter throws the rest away, so don't bother to flame me WHY 'LIFE AS A SPECTATOR SPORT' "If you're lucky not to live in the gutters of a slum, but still can't afford to take vacations in the Alps, you're part of that enormous middle class who lives life through the medium of the television, further separated from "real" life by air conditioner, by automobile, by dishwasher, microwave and ice-in-the-door refrigerator, by automatic washer and dryer, and all the other appliances and conveniences that make it possible for America to live life at second hand. I'm not sure why Americans decided that televised drama was better than the real thing, that cardboard microwave food containers were an adequate substitute for real dishes, and their contents for real food, or that cooking, dishwashing and face-to-face conversation wasn't worth the effort and time it required. Someone fed this nation a plastic crate of out-of-season tomatoes and told us it was life and we took them at their word, and we're so much the poorer for it that it's hard to know where to start to list the shortcomings." I wrote this a couple of years ago, but I have to admit it's much less amusing than I thought it would be to see the artifical construct falling apart. THE NON-ELECTRIC HOME Cleaning, 1 Cleaning, 2 Cleaning, 3 KNITTING BLOGS Extravayarnza Knitting Heretic Mind of Winter Pie Knits Persistent Illusion See Eunny Knit The Keyboard Biologist Taleweaver's Ramblings TECHnitting Wendy Knits FINISHED PROJECTS -------FINISHED IN 2006------- Peruvian Cap Tutti-Frutti Socks Shelley's Socks Carol's Socks -------FINISHED IN 2007------- Chain Link Socks Baby Surprise Jacket Valerie & Friend Baby Bonnet Rainbow Baby Socks Girls Pixie Hood Mitred Square Heart Red & White Socks Coffee Cup Pot Holder Nubbins Dishcloth Garterlac Dishcloth Suede Booties Kate's Socks Norwegian Sweet Baby Cap Half Thumbless Mittens Red Mittens for Akkol -------FINISHED IN 2008------- SELF-RELIANCE AND THE FUTURE -- Blogs and websites -- Causubon's Book Club Orlov Food Storage Made Easy From the Wilderness In the Wake Listening to Katrina Survival Topics The Modern Homestead The Oil Drum Notes from a Hillside Farm -- Mailing Lists -- 12vdc Power Living on the Land Rainwater Refrigeration Alternatives Old Ways of Living POLITICAL BLOGS and SITES The political sites have moved BOOKS I'M READING How to Grow More Vegetables, etc. Small Scale Grain Raising ARCHIVES February 2009 January 2009 December 2008 November 2008 October 2008 August 2008 July 2008 May 2008 April 2008 March 2008 February 2008 January 2008 December 2007 November 2007 October 2007 September 2007 August 2007 July 2007 June 2007 May 2007 April 2007 March 2007 February 2007 January 2007 December 2006 November 2006 October 2006 September 2006 August 2006 July 2006 June 2006 May 2006 April 2006 March 2006 February 2006 January 2006 December 2005 November 2005 October 2005 September 2005 August 2005 July 2005 June 2005 May 2005 April 2005 March 2005 February 2005 January 2005 December 2004 November 2004 October 2004 September 2004 August 2004 July 2004 June 2004 May 2004 April 2004 March 2004 February 2004 January 2004 December 2003 November 2003 October 2003 September 2003 August 2003 July 2003 June 2003 May 2003 April 2003 March 2003 February 2003 January 2003 December 2002 November 2002 October 2002 September 2002 August 2002 July 2002 June 2002 May 2002 April 2002 March 2002 February 2002 Feedjit Live Blog Stats
In 1780, as part of the constitution of the Commonwealth of Massachusetts, John Adams made one of the most quoted statements of American history. I remember reading it in ninth grade civics.In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men. The Supreme Court of the United States and every one of the state supreme courts have upheld this fundamental principle of democratic government.Regardless, it is no longer in effect in the United States. The deceiver in the White House has said publicly that he will do whatever he wants. He has said that by virtue of his occupation of the presidency he is entitled to order whatever action he wishes to order, and to ignore whatever law he wishes to ignore. The most recent example of this took place when Bush signed the recently-passed defense spending bill--the bill that contains John McCain's anti-torture amendemnt. In his "signing statement," Bush said: The executive branch shall construe Title X in Division A of the Act, relating to detainees, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power, which will assist in achieving the shared objective of the Congress and the President, evidenced in Title X, of protecting the American people from further terrorist attacks. In an article in today's Boston Globe online, a senior White House official makes it clear what that means:A senior administration official, who spoke to a Globe reporter about the statement on condition of anonymity because he is not an official spokesman, said the president intended to reserve the right to use harsher methods in special situations involving national security.''We are not going to ignore this law," the official said, noting that Bush, when signing laws, routinely issues signing statements saying he will construe them consistent with his own constitutional authority. ''We consider it a valid statute. We consider ourselves bound by the prohibition on cruel, unusual, and degrading treatment."But, the official said, a situation could arise in which Bush may have to waive the law's restrictions to carry out his responsibilities to protect national security. He cited as an example a ''ticking time bomb" scenario, in which a detainee is believed to have information that could prevent a planned terrorist attack.In all but one item contained in the bill, Bush specifically stated that his obedience to the law passed by our elected representatives depended on his willingness to obey it, and not on any constitutional obligation. He even specifically stated that one measure of the law, that requires the Attorney General to consult congress before allocating monies for certain kinds of expenditures, would be construed as requiring "only notification." Language in Division B of the Act, under the heading "Office of Justice Programs, State and Local Law Enforcement Assistance," purports to require the Attorney General to consult congressional committees prior to allocating appropriations for expenditure to execute the law. Because the President's constitutional authority to supervise the unitary executive branch and take care that the laws be faithfully executed cannot be made by law subject to a requirement to consult with congressional committees or to involve them in executive decision-making, the executive branch shall construe the provision to require only notification. At the same time, the Attorney General shall, as a matter of comity between the executive and legislative branches, seek and consider the views of appropriate committees in this matter as the Attorney General deems appropriate. (emphasis mine)Did you understand that? The President of the United States has just said that he would obey the law only to the extent that he wished to, and that additionally, he could short-circuit provisions of the law that pertain to other governmental officials.We are no longer ruled by consitutional law in this country. Could anyone have believed it possible?Bush is fond of saying, "There is an enemy who lurks and wants to destroy us." Yep, there sure is. He sits in that big white house at 1600 Pennsylvania Avenue.
In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men.
The executive branch shall construe Title X in Division A of the Act, relating to detainees, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power, which will assist in achieving the shared objective of the Congress and the President, evidenced in Title X, of protecting the American people from further terrorist attacks.
A senior administration official, who spoke to a Globe reporter about the statement on condition of anonymity because he is not an official spokesman, said the president intended to reserve the right to use harsher methods in special situations involving national security.''We are not going to ignore this law," the official said, noting that Bush, when signing laws, routinely issues signing statements saying he will construe them consistent with his own constitutional authority. ''We consider it a valid statute. We consider ourselves bound by the prohibition on cruel, unusual, and degrading treatment."But, the official said, a situation could arise in which Bush may have to waive the law's restrictions to carry out his responsibilities to protect national security. He cited as an example a ''ticking time bomb" scenario, in which a detainee is believed to have information that could prevent a planned terrorist attack.
Language in Division B of the Act, under the heading "Office of Justice Programs, State and Local Law Enforcement Assistance," purports to require the Attorney General to consult congressional committees prior to allocating appropriations for expenditure to execute the law. Because the President's constitutional authority to supervise the unitary executive branch and take care that the laws be faithfully executed cannot be made by law subject to a requirement to consult with congressional committees or to involve them in executive decision-making, the executive branch shall construe the provision to require only notification. At the same time, the Attorney General shall, as a matter of comity between the executive and legislative branches, seek and consider the views of appropriate committees in this matter as the Attorney General deems appropriate. (emphasis mine)
The template is set to display 10 posts. To see all the posts for this month, click on the month name in the Archive section
RSS Feed
PERSONAL
WHY 'LIFE AS A SPECTATOR SPORT'
"If you're lucky not to live in the gutters of a slum, but still can't afford to take vacations in the Alps, you're part of that enormous middle class who lives life through the medium of the television, further separated from "real" life by air conditioner, by automobile, by dishwasher, microwave and ice-in-the-door refrigerator, by automatic washer and dryer, and all the other appliances and conveniences that make it possible for America to live life at second hand. I'm not sure why Americans decided that televised drama was better than the real thing, that cardboard microwave food containers were an adequate substitute for real dishes, and their contents for real food, or that cooking, dishwashing and face-to-face conversation wasn't worth the effort and time it required. Someone fed this nation a plastic crate of out-of-season tomatoes and told us it was life and we took them at their word, and we're so much the poorer for it that it's hard to know where to start to list the shortcomings." I wrote this a couple of years ago, but I have to admit it's much less amusing than I thought it would be to see the artifical construct falling apart.
THE NON-ELECTRIC HOME
Cleaning, 1 Cleaning, 2 Cleaning, 3
KNITTING BLOGS
Extravayarnza Knitting Heretic Mind of Winter Pie Knits Persistent Illusion See Eunny Knit The Keyboard Biologist Taleweaver's Ramblings TECHnitting Wendy Knits
FINISHED PROJECTS
SELF-RELIANCE AND THE FUTURE
POLITICAL BLOGS and SITES
BOOKS I'M READING
How to Grow More Vegetables, etc. Small Scale Grain Raising
ARCHIVES
February 2009 January 2009 December 2008 November 2008 October 2008 August 2008 July 2008 May 2008 April 2008 March 2008 February 2008 January 2008 December 2007 November 2007 October 2007 September 2007 August 2007 July 2007 June 2007 May 2007 April 2007 March 2007 February 2007 January 2007 December 2006 November 2006 October 2006 September 2006 August 2006 July 2006 June 2006 May 2006 April 2006 March 2006 February 2006 January 2006 December 2005 November 2005 October 2005 September 2005 August 2005 July 2005 June 2005 May 2005 April 2005 March 2005 February 2005 January 2005 December 2004 November 2004 October 2004 September 2004 August 2004 July 2004 June 2004 May 2004 April 2004 March 2004 February 2004 January 2004 December 2003 November 2003 October 2003 September 2003 August 2003 July 2003 June 2003 May 2003 April 2003 March 2003 February 2003 January 2003 December 2002 November 2002 October 2002 September 2002 August 2002 July 2002 June 2002 May 2002 April 2002 March 2002 February 2002
Powered by BLOGGER Template made possible by BLOGSKINS.
