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Saturday, April 08, 2006

The limits on the power of the President are entirely political

Of course, sometimes I copy from Atrios, who copied this from Balkinization:

This theory, taken to its logical conclusions, gives the President the ability to treat anyone living in the United States, including particularly U.S. citizens, as wartime enemies without having to prove their disloyalty to anyone outside the executive branch. In so doing, it offers him what can only be called dictatorial powers-- that is, the power to suspend ordinary civil liberties protections on his say so. The limits on what the President may do under this theory are entirely political-- the question is whether the American people will stand for what the President has done if they discover what he has done in their name. But if the American people don't know what their executive is doing, they can hardly be in a position to object. And so the President has tried to keep secret exactly what he has done under the unreasonable and overreaching theory of Presidential power that his Administration has repeatedly asserted in its legal briefs and public statements.

Attorney General Gonzales' latest admission should hardly surprise us once we understand how much power the President actually thinks he has. Given that we will probably never know what the President has been doing in our name, we can only hope that he has not actually tried to exercise all the power he (wrongfully) thinks he possesses.

1 Comments:

Blogger KISSWeb said...

There are various situations in which, by its inherent limitations, a Constitutional impasse can arise, and the only check left is political. The classic modern example is Nixon's threat not to turn over the Watergate tapes after being ordered to do so, with the order being upheld through the Supreme Court. There was nothing left to enforce it except public opinion unwilling to accept defiance of the Supreme Court as undermining the system of checks and balances.

1:11 AM  

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