Monthly Archives: December 2005


Lessons on the Constitution

Tony Blankley provides this lesson in today’s Washington Times:

I have appeared on several radio and television shows with prominent journalists who manifest a perfect ignorance of even the most basic principles of constitutional law — even as they pronounce with self-consciously weighty judgment the unconstitutionality of the president’s actions.
However, the most basic constitutional principle is that in war time, the constitutionality of government intrusion into peace time civil liberties must be proportional to the magnitude, likelihood and exigency of the threat or danger to be prevented.
Until one has measured the threat, one cannot rationally judge the constitutionality of the intrusion into civil liberties of the executive action. The president’s critics simply ignore — or are oblivious to — the threat.

I just reread the constitution, it does not take long, and find no such principle stated. There is no reference to the constitution applying differently in wartime than in peacetime so when Kevin Drum asks:

But does that make sense? Is anyone really comfortable with the idea that three decades from now the president of the United States will have had wartime executive powers for nearly a continuous century?
Somehow we need to come to grips with this. There’s “wartime” and then there’s “wartime,” and not all armed conflicts vest the president with emergency powers.

I answer that not only does it not make sense that the president should have 30 nears of wartime executive powers there is no reason, certainly none called out in the constitution, that the president should ever have any power to abrogate any part of the constitution.
Can congress enact a law that allows the president to abrogate the constitution? Well, they can do it but, again, there does not appear to be anything in the constitution that gives congress this authority so when they do so they are violating their oath to uphold the constitution and should, rightly, be tossed out of office.
Via To the People.
Update: James Joyner notes that:

…bold wartime leaders have been flouting the Constitution since at least Lincoln, with the full support of the public.

Well, this certainly does not make them worthy of respect no matter how arrogant bold they are and there is nothing about “the full support of the public” that legitimizes abrogation of the constitution without going through the steps to amend the constitution.


Will abramoff rollover?

There appears to be a good chance that abramoff will rollover on his former associates:

Jack Abramoff, the Republican lobbyist under criminal investigation, has been discussing with prosecutors a deal that would grant him a reduced sentence in exchange for testimony against former political and business associates, people with detailed knowledge of the case say.
Mr. Abramoff is believed to have extensive knowledge of what prosecutors suspect is a wider pattern of corruption among lawmakers and Congressional staff members. One participant in the case who insisted on anonymity because of the sensitivity of the negotiations described him as a “unique resource.”
Other people involved in the case or who have been officially briefed on it said the talks had reached a tense phase, with each side mindful of the date Jan. 9, when Mr. Abramoff is scheduled to stand trial in Miami in a separate prosecution.
What began as a limited inquiry into $82 million of Indian casino lobbying by Mr. Abramoff and his closest partner, Michael Scanlon, has broadened into a far-reaching corruption investigation of mainly Republican lawmakers and aides suspected of accepting favors in exchange for legislative work.

It would be a good thing if this snares some dems as well. Perhaps people will begin understanding the kind of culture that evolves when you create a mob wealth transfer machine the size of the us federal government and that the smaller wealth transfer operations at the city, county and state level are simply breeding grounds for the scumsects at the federal level.
Via Raw Story.