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BobbyG

Published Letters: 876
Editor's Choice: 20

Friday, September 22, 2006 02:34 PM

"preserve, protect, and defend," NOT "interprete"

It is tiresome to have to point out something SO basic. We don't even require references to constitutional philosophies set forth in the Federalist Papers.

ARTICLE VI

"... This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution..."

Bush is BOUND by it just as is every other citizen, and the primus inter pares power to enforce it (by interpretation, even against a President) is simply the ultimate province of the Supreme Court:

ARTICLE III

"Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects...

____

Snow, STFU, you moron.

Saturday, September 23, 2006 08:45 AM

Anonmyous error

"The responsiblity to preserve, protect, and defend the Consitution is not in the language of the Constition - it's in the oath of office that W has taken twice now."

Anonymous, do a little easy homework, please:

Article II

Section 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected...

...Before he enter on the execution of his office, he shall take the following oath or affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."...

___

It's right there IN the Constitution, dude. But hardly unique to the Presidency. Everyone taking high office takes the Oath, as does everyone in the military. Doesn't empower them all as "sole and final arbiters of the Constititution."

Saturday, September 23, 2006 10:22 AM

King George prevails

OK, I’m reading the revised House and Senate Bush torture indemnification bills as put in play yesterday (HR 6054 and S 3929 respectively).

The "independent Republicans" caved.

____

H.R.6054 Military Commissions Act of 2006 (Introduced in House)

SEC. 8. RETROACTIVE APPLICABILITY.

This Act shall take effect on the date of the enactment of this Act and shall apply retroactively, including–

(1) to any aspect of the detention, treatment, or trial of any person detained at any time since September 11, 2001; and

(2) to any claim or cause of action pending on or after the date of the enactment of this Act.

_____

S.3929, SEC. 107. TREATY OBLIGATIONS NOT ESTABLISHING GROUNDS FOR CERTAIN CLAIMS.

(a) In General- No person may invoke the Geneva Conventions, or any protocols thereto, in any habeas or civil action or proceeding to which the United States, or a current or former officer, employee, member of the Armed Forces, or other agent of the United States, is a party, as a source of rights in any court of the United States or its States or territories.

SEC. 108. IMPLEMENTATION OF TREATY OBLIGATIONS.

(a) Implementation of Treaty Obligations-

(1) IN GENERAL- The acts enumerated in subsection (d) of section 2441 of title 18, United States Code, as added by subsection (b) of this section, and in subsection (c) of this section, constitute violations of common Article 3 of the Geneva Conventions prohibited by United States law.

(2) PROHIBITION ON GRAVE BREACHES- The provisions of section 2441 of title 18, United States Code, as amended by this section, fully satisfy the obligation under Article 129 of the Third Geneva Convention for the United States to provide effective penal sanctions for grave breaches which are encompassed in common Article 3 in the context of an armed conflict not of an international character. No foreign or international source of law shall supply a basis for a rule of decision in the courts of the United States in interpreting the prohibitions enumerated in subsection (d) of such section 2441.

(3) INTERPRETATION BY THE PRESIDENT- (A) As provided by the Constitution and by this section, the President has the authority for the United States to interpret the meaning and application of the Geneva Conventions and to promulgate higher standards and administrative regulations for violations of treaty obligations which are not grave breaches of the Geneva Conventions.

_____

Looks to me like Bush still gets to decide everything (and to interpret the meaning and applicability of Geneva), no one who got collared can invoke Geneva in any event, and there’s still blanket post facto CYA indemnification. Sux.

Monday, September 25, 2006 06:58 AM
Original article: Give me five more minutes

"It's worth it"

"It's worth it"

- Fearless Unflinching War President George W. Bush

http://www.bgladd.com/The_Disgracer_in_Chief.jpg

http://www.bgladd.com/Just_a_Number.jpg

Wednesday, September 27, 2006 12:21 PM

In Nevada

In Nevada they introduced legislation defining a "terrorist act" as ANYTHING that "interferes with law enforcement."

Of course, it never went anywhere, but does show the moronic sentiment in constant need of monitoring and loud rebuke.

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