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Demanding Truth, Justice and Accountability in Government

Criminal Abuse of Power is a Sordid Republican Tradition

Reed31463

There appears to be confusion and debate over what powers are extended to the executive during times of war. There appears to be even more confusion over whether we are legally in a state of war. Most scholars agree that the Authorization to Use Military Force is not a declaration of war, rather it is the authority granted by congress to take military action against Terrorist and Pirates. Notwithstanding, lets assume that we are in a state of war.

President Bush has admitted to unwarranted surveillance of domestic phone calls by the NSA. He has also asserted that this is a necessary program and he will continue to authorize this program. Some Senators have claimed, “This is a reasonable assertion of executive power, and it’s more than an academic discussion,” and the president is granted this authority under the Constitution. Others, such as the Congressional Research Committee, John Dean, Bruce Fein, and Jonathon Turley claim this is an egregious violation of an abuse of power.

Well, with all these different scholars, lawyers and Senators quoting the Constitution as a basis for this power, I decided to look for myself to see what our Constitution may reveal, because obviously, someone is not telling the truth.

What I found amazing was that it doesn’t take a bushel of lawyers to read the Constitution. After about five minutes of reading the Powers of the Legislature and the Powers of the Executive, I determined that Congress makes the rules, and their power to make the rules and govern the military do not change or become suspended during a time of war. Congress' ability to make rules during warfare is specifically stated and they even extend on how to treat captures, whether to punish or free captives, the power to call forth the military to repel invasions, and exclusive Legislative authority over all federal forts and buildings and over any Department or Officer thereof.

Below is Article 1, Section 8; Article 2, Section 2; and the IV Amendment. Go ahead and read it for yourself.

Article 1, Section 8 - Powers of Congress The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

*snip*

• To constitute Tribunals inferior to the Supreme Court;

• To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

• To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

• To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

• To provide and maintain a Navy;

• To make Rules for the Government and Regulation of the land and naval Forces;

• To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

• To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

• To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings And

• To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Article 2, Section 2 - Civilian Power over Military, Cabinet, Pardon Power, Appointments

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices

Amendment 4 - Search and seizure
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Now that we understand who makes the rules and the powers of the executive and the powers of congress in regard to the military, we need to know the rule regulating intelligence and domestic wiretapping. The rule governing domestic wiretapping is the 1978 FISA Statute. This law was put in place for the very situation the President finds himself in today for tracking down terrorists. The President himself has admitted to breaking the 1978 FISA Statute. Furthermore, he even says he will continue to do so. By saying this, he is issuing a direct challenge to congress that he does not have to respect and obey the rule of law. What’s done is done and what's said was said. Nobody can change that now.

What is the accountability for breaking the rule of law? The remedy in this situation is clear. The President has directly challenged the powers of congress. This constitutes as a high crime and is punishable by impeachment.

Definition of Tyranny

"No political truth is certainly of greater intrinsic value, or is stamped with the authority of more enlightened patrons of liberty, than that on which the objection is founded. The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, selfappointed, or elective, may justly be pronounced the very definition of tyranny."

The House of Representatives is controlled by the Republicans, the Senate is controlled by the Republicans, the Executive is controlled by the Republicans, and now the Supreme Court is controlled by the Republicans. This Congress and this administration has refused to hold any government officials accountable for any number of disasters and abuses of power, including 9-11, Katrina, Iraq pre-war intelligence, post-Saddam Iraq planning, torture of prisoners, Jack Abramoff lobbying & campaign abuses, Tom Delay ethics & campaign abuses, leaking of a classified CIA agents name to the press, circumventing the mandatory 45 day delay for acquisitions involving foreign state run businesses, and ignoring the 1978 FISA statute.

Freedom isn't free. It never has been. If we have to win back our freedom with our blood, sweat, and tears, so be it. We've shed tears before. We've shed too many tears. We've sweated through three rigged elections, only to watch smirking Republicans strut around like they're God's gift to America.

They're not. They're a curse on America. They are not Christians, they are not Americans, they are not our leaders, they are fascist usurpers. We've seen the abuses, we've seen the usurpations, and we've seen the absolute despotism of this "government". We know what our rights are and we know what our duty is.

"When a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce the people under absolute despotism, it is their right, it is their duty, to throw off such a government."

The precedent is already established. Nixon resigned before he was impeached for the same crime. In order for our elected representative to uphold their oaths of office, they must find Bush accountable for his crimes.

Comment # 1 ~ tahoebasha1 ~ 06/10/2006 18:26 GMT

Excellent post, Reed!