The Continuing Decline Of Western Civilization ----------------------------------------------------------------------------------------- I wish I could hum the titles Balkinization has an important post up on what recent events mean for Samuel Alito's upcoming confirmation hearings. I know, I know, we were once worried about what Alito might do to Roe if he were confirmed, but what was once an academic discussion has become vital. Let me break down baby: It is clear that the NSA spying program is in violation of FISA. The Administration (I define Administration to include those allied lawyers from other departments who dream up justifications for odious actions undertaken at White House direction) has admitted as much, that they didn't seek FISA court and Congressional approval because they didn't think they could get it. They have never said that it was legal under FISA, which is in essence an admission that it isn't. Their main argument is that the wartime powers of the Executive allow the President to ignore Congressional statutes when deemed necessary. The argument that the authorization to use force gives him this authority is patently silly, since FISA explicitly makes limited provision for warrantless searches following Declarations of War. Here's the rub: The Supreme Court has never (with the exception of long-term tacit authorization by Congress, which is lacking here) held that the Commander-in-Chief clause of the Constitution grants the President the authority to ignore or over-ride Congressional statutes. Never, as stated by someone who was defending Lincoln's wartime measures. If, as Balkin suggests, the Administration's sole target was Roe then there were other candidates which would have a significantly easier time getting confirmed, we must now turn to the alternative, that the Administration's goals include putting people on the bench who concur with their attempt to broaden the powers of the Executive branch. And this is something about which Alito must be questioned heavily during the hearings, because Bush's version of his wartime powers means that he can do anything he wants, because the GWOT justifies everything in their view. Unlimited power. Since the GWOT is predicted to last for decades, then the very nature of our Democratic Republic is threatened if the Administration's desire/belief is confirmed by the SCOTUS. Republicans need to ask themselves: do they want to help create a new Ceasar? add to the discussion - 0 entriesposted by tcdowc - 6:41 pm - 12.29.05 ----------------------------------------------------------------------------------------- I wait patiently for Fenris to swallow the sun Juan Cole, for those of you who are Philistines, is a Professor of History at Michigan University and a generally accepted expert on Iraq, assuming that the media is any judge, which admittedly, seems odd to assume. He has recently posted his list of the top ten myths about Iraq in 2005, and I'd venture to say that it's a must read for everyone. If you want to know what's really going on in Iraq (the insurgency is spread all over Iraq but poses no real threat to US power, the Sunnis are not being drawn into the political process, Al-Sistani is not affiliated with Iran, etc.) with the data to back it up, then hop to. add to the discussion - 0 entriesposted by tcdowc - 6:26 pm - 12.29.05 ----------------------------------------------------------------------------------------- I may be derivative, but I'm also predictable From Knight-Ridder, via Obsidian Wings (who picked it up from Balkinization). We can add a new item to the list of horrible things that the Administration says suck, then does nothing to stop (like torture and rendition): human trafficking. That's right, despite vowing to wipe out human trafficking by our overseas sub-contractors three years ago, and a Congressional mandate two years ago, the Defense Department continues to allow over-seas contractors to engage in forced prostitution and endentured servitude in order to supplement their income. Mostly because the contractors themselves claim the policy would be 'unrealistic'. hilzoy rightly points out that 'unrealistic' in business terms really means 'too costly and time-consuming'. To think that they might take a cut from no longer being allowed to kidnap workers from poor, remote villages, and force women to have sex with others for profit! Maybe we can work out a way to subsidize these companies, maybe pad their contracts to ease the fiscal pain of acting like human beings. add to the discussion - 0 entriesposted by tcdowc - 5:18 pm - 12.29.05 ----------------------------------------------------------------------------------------- Fun facts from the Cavalry! Over at Chase Me Ladies, I'm In The Cavalry, Harry Hutton has divulged some items which may be of interest to you. First up, a list of the top ten warmongering countries, from 1946 - 2003. Top of the list, the stiff Brits, with 21 wars fought. Sorry, international armed conflicts (IACs). In an upset, the cowardly French come in second with 19 IACs fought. And third, second place losers USA with 16 IACs. Shockingly, in fourth we have the USSR/Russia, with only 9, all through the cold war. And did you know, "if Mary and Joseph did the same journey today they would pass through fifteen Israeli checkpoints." Course, since they didn't have papers, they would actually fail to pass through fifteen Israeli checkpoints, and anyone claiming to be carrying the son of god is clearly a terrorist, so they'd either be shot or in jail. So if the messiah were to be born today, s/he'd be born in a jail hospital. Or DOA. add to the discussion - 0 entriesposted by tcdowc - 5:07 pm - 12.29.05 ----------------------------------------------------------------------------------------- |
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