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Rose Siding Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 12:14 PM
Original message
Cheney Hints at Challenge to War Powers Act
Today, he told reporters:

"Watergate and a lot of the things around Watergate and Vietnam both during the '70s served, I think, to erode the authority I think the president needs to be effective, especially in the national security area," Cheney said. But he also said the administration has been able to restore some of "the legitimate authority of the presidency."
....
Cheney said that "many people believe" the War Powers Act, enhancing the power of Congress to share in executive branch decision-making on war, is unconstitutional and said "it will be tested at some point. I am one of those who believe that was an infringement on the authority of the president."


How do you think the Roberts court would rule on that one?
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McCamy Taylor Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 12:15 PM
Response to Original message
1. Might be a Democrat in the WH by then.
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oldtime dfl_er Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 12:15 PM
Response to Original message
2. Any way Cheney wants them to
It's a kangaroo court , mostly, now.

http://www.cafepress.com/scarebaby/658010
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Burried News Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 12:17 PM
Response to Original message
3. No amount of power would make President Botch effective. nt
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BlueManDude Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 12:27 PM
Response to Reply #3
8. And no amount of war would satisfy Cheney
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Canuckistanian Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 12:18 PM
Response to Original message
4. Un- fucking-believable
Beautiful timing, Crashcart.

Just what the country needs at this point. A debate on whether the power of the pResident is "too constrained"
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justabob Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 12:19 PM
Response to Original message
5. "executive branch decision-making on war"?!
Last time I checked, the power to declare war resides in the Congress. I cringe thinking that the SCOTUS is going to tinker with the fundamental framework of our government. Its one thing to rule on legislation, but on the wording of the Constitution itself? *shudder*
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indepat Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 12:21 PM
Response to Original message
6. God knows we don't want to infringe on the powers of a war president who
seemingly thinks he is above the law and not bound to the Constitution or international laws and treaties. ;)
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 12:23 PM
Response to Original message
7. From the very beginning of the Bush years - Cheney and Bush, both,
have worked toward expanding the power of the executive: from refusal to hand over papers, to wars, to spying, to all the talking points of "I'm President, this is my job", "Presidential prerogative", etc. - and a host of things in between.

This is Cheneys first real honest statement on their intent. The gloves are off...
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Lasher Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 01:45 PM
Response to Reply #7
15. This is a very important point
Bush & Cheney have always felt that presidential power had been eroded, and have always sought more power. They both believe the president is above the law. In other words, they think Bush is a king, and Cheney is a co-king. This mindset must be understood if we are to properly asses the danger presented by this regime.
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 05:11 PM
Response to Reply #15
16. I've noticed a few articles recently addressing this issue
but there needs to be more attention to it. Bush and Cheney, with the help of some in Congress, have been eroding the powers of Congress, while expanding the executive. This has neutered checks and balances. It's centralizing power into one branch. It's how dictatorships are made - even if a Congress is allowed, it will only be to maintain the illusion.
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mzmolly Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 12:36 PM
Response to Original message
9. They have no regard for laws, yet are trumpeting we try Saddam Hussein
for crimes against humanity? Saddam, George and Dick all have much in common, and they ALL belong on trial.

And, to think we have at least three more LOOONNNNGG years of this insanity?
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 12:39 PM
Response to Reply #9
10. We all have a second amendment right to bear arms...
and to defend the constitution.

If you haven't registered yet, now would be a good time to have a gun permit.
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mzmolly Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 01:08 PM
Response to Reply #10
13. I'll leave the guns to you all.
:scared:

But, you raise an interesting point.
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AnnInLa Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 12:43 PM
Response to Original message
11. Go read Josh Marshall's posts
and the discussion at TPM Cafe.

In today's post, Josh references a Pentagon Report, which was used by the WSJ in an article in 2004. Among other things, the Pentagon Report discussed then need to give underlings of the President immunity from prosecution, based on following the orders of the President. Then the report said this:

"To protect subordinates should they be charged with torture, the memo advised that Mr. Bush issue a "presidential directive or other writing" that could serve as evidence, since authority to set aside the laws is "inherent in the president."

Josh goes on to opine:

So the right to set aside law is "inherent in the president". That claim alone should stop everyone in their tracks and prompt a serious consideration of the safety of the American republic under this president. It is the very definition of a constitutional monarchy, let alone a constitutional republic, that the law is superior to the executive, not the other way around. This is the essence of what the rule of law means -- a government of laws, not men, and all that.

Now, we know that presidents sometimes break laws and they frequently bend them, if only in cases where the laws don't seem to anticipate a situation the president finds himself confronting. There is even an argument that the president can refuse to enforce laws he deems unconstitutional.

But there is no power inherent in the president simply to set aside the law. Richard Nixon famously argued that "when the president does it that means that it is not illegal." But the constitutional rulings emerging out of Watergate said otherwise. And history has been equally unkind to his claim.

click-thrus on site: http://www.talkingpointsmemo.com/archives/week_2004_06_06.php#003046
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Rose Siding Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 12:53 PM
Response to Reply #11
12. If bush's underlings can't be prosecuted,
fox news will be hurting for consultants. ;)

Some seriously creepy stuff is happening.

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Cults4Bush Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 01:28 PM
Response to Original message
14. k&r'd. n/t
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mom cat Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-20-05 06:09 PM
Response to Original message
17. Another reason to fight like hell on Alito.
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