Reflections on the "New American" Revolution
Saturday, December 24, 2005
Constant's pations: Impeachment: NSA warrantless monitoring -- no defense is credible
"the Bush Presidency has violated the Constitution by ignoring the system of checks and balances, inherent in the FISA statute, which mandate court and legislative action and review. By any measure, because President Bush has asserted executive, judicial, and legislative powers specifically recognized in Truong as being distinct from the President, the White House has ignored judicial precedent, which relies on order, regularity, and predictability.
Bush's actions are more than contrary to the rule of law and Constitution, they exercise central power by a single person -- power that the Constitution mandates be delegated and strictly separated two three distinct, separate, and competing branches.
Bush is what Madison in Federalist 51 cited Montesquieu -- a classic tyrant, unrestrained by the necessary and Constitutional competing ambitions of both the legislature and judiciary.
What the President has done is turned the Constitution upside down to suit his own purposes -- the very notion contrary to liberty, as described in Federalist 47. Liberty, Madison writes, can only be preserved by separating power.
Madison in Federalist 47 reminds us that the Executive cannot create the law -- permitting himself the liberty to ignore the law, or will of the people, as Bush has done"
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