1. 16 January 2006

    1087 days ago

    'We the People' Must Save Our Constitution

    Al Gore grows a pair. On how our government has failed us, and we have failed our government. Now we have some work to do.

    An executive who arrogates to himself the power to ignore the legitimate legislative directives of the Congress or to act free of the check of the judiciary becomes the central threat that the Founders sought to nullify in the Constitution – an all-powerful executive too reminiscent of the King from whom they had broken free. In the words of James Madison, “the accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”

    If the President has the inherent authority to eavesdrop, imprison citizens on his own declaration, kidnap and torture, then what can’t he do?
    The Dean of Yale Law School, Harold Koh, said after analyzing the Executive Branch’s claims of these previously unrecognized powers: “If the President has commander-in-chief power to commit torture, he has the power to commit genocide, to sanction slavery, to promote apartheid, to license summary execution.”

    As a result of its unprecedented claim of new unilateral power, the Executive Branch has now put our constitutional design at grave risk. The stakes for America’s representative democracy are far higher than has been generally recognized.

    If this President’s attempt to dramatically expand executive power goes unquestioned, our constitutional design of checks and balances will be lost. And the next President or some future President will be able, in the name of national security, to restrict our liberties in a way the framers never would have thought possible.

    The President’s judicial appointments are clearly designed to ensure that the courts will not serve as an effective check on executive power. As we have all learned, Judge Alito is a longtime supporter of a powerful executive – a supporter of the so-called unitary executive, which is more properly called the unilateral executive. Whether you support his confirmation or not – and I do not – we must all agree that he will not vote as an effective check on the expansion of executive power. Likewise, Chief Justice Roberts has made plain his deference to the expansion of executive power through his support of judicial deference to executive agency rulemaking.

    In the United States Senate, which used to pride itself on being the “greatest deliberative body in the world,” meaningful debate is now a rarity. Even on the eve of the fateful vote to authorize the invasion of Iraq, Senator Robert Byrd famously asked: “Why is this chamber empty?”

    The political economy supported by these short but expensive television ads is as different from the vibrant politics of America’s first century as those politics were different from the feudalism which thrived on the ignorance of the masses of people in the Dark Ages.

    Fear drives out reason. Fear suppresses the politics of discourse and opens the door to the politics of destruction. Justice Brandeis once wrote: “Men feared witches and burnt women.”

    via Kjell Olsen1087 days ago

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