Thursday, August 17, 2006

Constitution Upheld

How wonderful it is to hear that there are at least some jurists left who believe in the rights and limits of the Constitution of the United States. Clearly, Judge Anna Diggs Taylor's decision will be appealed by the Administration and will quickly make its way to the Supreme Court. When this happens, it will be one of the most important cases in generations, determining whether our nation's heritage of rule of law and liberty will persevere or we take the path to authoritarianism.

Here's my favorite quote from the opinion, as posted on TPMmuckraker:
"The Government appears to argue here that, pursuant to the penumbra of Constitutional language in Article II, and particularly because the President is designated Commander in Chief of the Army and Navy, he has been granted the inherent power to violate not only the laws of the Congress but the First and Fourth Amendments of the Constitution, itself.

We must first note that the Office of the Chief Executive has itself been created, with its powers, by the Constitution. There are no hereditary Kings in America and no power not created by the Constitution. So all "inherent power" must derive from that Constitution."


At 6:55 PM, Blogger El Jefe said...

the worst part about this is how the coverage of our chief executive breaking the law is being pre-empted by some new (questionable) information in a murder...that happened 10 years ago. How pathetic our press corps/big media is.

Lest we forget...FISA is criminal can/do go to jail for breaking it! Why isn't the bastard being arrested?


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