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Edited on Thu Feb-16-06 07:50 PM by bigtree
"These inherent authorities vested in the President by the Constitution include the power to spy on enemies like al Qaeda without prior approval from other branches of government." -Gonzales before the Judiciary committee 2/6
But, just how far down the chain of command does Bush's blanket authorization of the warrantless spying of Americans extend? How far can he extend his authority?
At issue is a law that was passed in the Clinton administration which seems to give the Executive, including Cheney, the power to delegate their 'authority' to declassify documents to subordinates. The concern is that Cheney will use that as justification for any leak of the covertness of Joe Wilson's wife to Libby and others.
But, the Constitution does not provide for extending the authorities inherent in the presidency to subordinates. Moreover, the act of declassifying documents should involve more than just handing over sheaves of 'for your eyes only' documents en ma sse to whoever George or Dick want to pick and choose from. There should be some specificity to what is being revealed and what the reason is. That reason should be within the parameters of national security, or, at least, some necessity that can be demonstrated and defended to our representatives in Congress.
The way this administration seems to be using that Clinton term change in the law is a blanket alibi for an open-ended invitation to do whatever they please - deputizing anyone they please with a wink and a nod - whenever they please.
If the White House does not make its actions subject to full and open review to Congress, and if Congress doesn't effectively exercise that oversight, there cannot be any reasonable expectation that the Executive branch and its agents will adhere to the laws that Congress passes. Any law.
The White House is set to declare themselves the ultimate and legitimate arbiter, interpreter, and executor of whatever they aspire to. If Congress does not execute an effective check on this manufactured authority they will find themselves confronted in the future with their own dereliction of duty - presented as precedent - as a power hungry administration justifies the next round of additions to, and interpretations of, congressionally adopted law.
It's just a matter of time before they trot out another law they claim Bush and his cabal have the 'inherent power' to disregard, interpret, or create additions to. They need to step up and put Bush, Cheney, and their agents back in their 'inherent' place.
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