Imperial presidency

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      Echoes of the Nixon era

      Posted by Billbar from Salon

      With one piece of legislation, Sen. Arlen Specter seeks to expand the Bush administration's radical theory of executive power beyond the wildest dreams of Dick Cheney or even John Yoo. Just when it looked as though some semblance of checks and balances was being restored, Specter -- the Pennsylvania Republican who masqueraded for months as a tenacious opponent of the White House -- offers a bill that would strike an immeasurable blow for the Bush vision of an imperial presidency.

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    • Specter instructs us to be grateful to the President

      Posted by Billbar from Glenn Greenwald

      Sen. Arlen Specter has an Op-Ed in this morning's Washington Post which attempts to justify his proposed FISA legislation -- legislation which, at its core, renders legal the President's lawbreaking and cedes to the President the right to eavesdrop on Americans with no judicial oversight. What Specter's Op-Ed actually does is provide a powerful reflection of the extent to which the Congress has been reduced to an empty, symbolic vessel which is permitted to act only to the extent it retroactively endorses the President's conduct.

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    • Rosa Brooks: Did Bush commit war crimes?

      Posted by Billbar from Los Angeles Times

      But the real blockbuster in the Hamdan decision is the court's holding that Common Article 3 of the Geneva Convention applies to the conflict with Al Qaeda — a holding that makes high-ranking Bush administration officials potentially subject to prosecution under the federal War Crimes Act.

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    • Look Out, David Addington's Head Just Exploded

      Posted by Billbar

      The Hamdan decision represents, in my opinion, a fatal blow to the Addington/Yoo theory of executive power. For the last four years, the Bush administration has been advancing the theory, both publicly and in its internal legal memoranda, that, as Commander in Chief, the president has the sole discretion to make all decisions regarding war-related issues, even when a duly enacted statute purports to limit his authority. This legal theory serves as the basis for not only the system of military tribunals at Guantanamo, but also the NSA program and the interrogation methods endorsed by the administration.

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    Billbar comments on:

    Blumenthal: The imperial presidency crushed

    In his majority opinion, Justice John Paul Stevens' strategic capitalization emphasized the larger point: "The Executive," he wrote, "is bound to comply with the Rule of Law."

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    6:44 am 7/06/06
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