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	<title>Comments on: The Problem With Pakistan</title>
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		<title>By: Jay Reding</title>
		<link>http://jayreding.com/archives/2007/11/05/the-problem-with-pakistan/comment-page-1/#comment-364283</link>
		<dc:creator>Jay Reding</dc:creator>
		<pubDate>Tue, 06 Nov 2007 00:27:52 +0000</pubDate>
		<guid isPermaLink="false">http://jayreding.com/archives/2007/11/05/the-problem-with-pakistan/#comment-364283</guid>
		<description><![CDATA[&lt;blockquote&gt; The Bush administration should not be so quick to condemn Musharraf for suspending the Pakistani constitution. Even though his actions lack the subtlety and finesse of, say, a Dick Cheney, Musharraf seems to have drawn his inspiration from the G. W. Bush presidency.&lt;/blockquote&gt;

Yes, because we all remember that time when Bush had the Supreme Court arrested...

&lt;blockquote&gt;By effectively declaring a “wartime exception” to the US Constitution,&lt;/blockquote&gt;

Or, more accurately, be exercising the powers which have &lt;em&gt;always&lt;/em&gt; been granted to the Executive Branch in a time of war...

&lt;blockquote&gt;G. W. eliminated habeas corpus&lt;/blockquote&gt;

No, &lt;em&gt;Lincoln&lt;/em&gt; suspended habeas corpus. President Bush has not -- except in cases of foreign nationals caught outside the territorial jurisdiction of the US. And guess what, those people have &lt;em&gt;never&lt;/em&gt; had habeas rights under US law.

&lt;blockquote&gt;authorized domestic spying&lt;/blockquote&gt;

You mean like &lt;a href=&quot;http://en.wikipedia.org/wiki/ECHELON&quot; rel=&quot;nofollow&quot;&gt;ECHELON&lt;/a&gt;? Oh wait, that was long before Bush was elected.

Read the Fourth Amendment. The Fourth Amendment does not say that the government cannot search you, it says that such searches must be &lt;em&gt;reasonable&lt;/em&gt;. The fact remains that the 9/11 hijackers were in the United States months before the attacks. You really want to argue that the government should not have been able to tap their phones?

There&#039;s a credible argument that the President should have followed FISA, but all that argument says is &lt;em&gt;how&lt;/em&gt; one thinks the President should have conducted domestic surveillance, not saying that the President &lt;em&gt;cannot&lt;/em&gt; use such measures.

&lt;blockquote&gt;dismissed and harrassed federal judges&lt;/blockquote&gt;

Absolutely wrong.

The President dismissed &lt;em&gt;US Attorneys&lt;/em&gt;, who under the Constitution serve the President. The President has the power under the Constitution to hire and fire such individuals at will.

You&#039;re wrong on the facts. and wrong on a critically important fact.

&lt;blockquote&gt;and has systematically used “signing statements” to declare that he will not enforce laws passed by both houses of Congress.&lt;/blockquote&gt;

OK, open your Constitution once again. Take a look at Article II, Section 1, clause 8. It&#039;s the oath that the President takes before taking office. It says that the President has to defend the Constitution.

So, if Congress passes a law that the President believes to be unconstitutional he can veto it. However, if the President signs a law that can be unconstitutional &lt;em&gt;under certain circumstances&lt;/em&gt;, what can should he do? That&#039;s what a signing statement is. It is the President saying that the Executive Branch will enforce a law in such a way as to comply with the Constitution.

The Supreme Court can say, &quot;no, the law must be enforced this way,&quot; but the Supreme Court only has jurisdiction under Article III if there&#039;s an actual &quot;case or controversy&quot; involved. Moreover, they can&#039;t get involved unless there&#039;s an actual case or controversy and someone&#039;s actually been hurt (or as it&#039;s called in Constitutional Law, the person suing has to have &quot;standing&quot;).

So, the Executive can say how they will interpret a bill for Congress. That isn&#039;t law, but policy, and the courts don&#039;t have to recognize it at all. It&#039;s not unconstitutional for the President to do this, and in fact a President who is following his/her oath and the Faithful Execution Clause &lt;em&gt;has&lt;/em&gt; to make note of such things and try to follow Congress without doing something against the Constitution.

&lt;blockquote&gt;And by the way, G. W. is predicting that his “war” will outlive most of us.&lt;/blockquote&gt;

Which it almost certainly will, just as the Cold War outlived Truman&#039;s generation. 

&lt;blockquote&gt;That amounts to a permanent suspension of our constitution and a dangerous, unprecedented concentration of power in the Oval Office.&lt;/blockquote&gt;

A dangerous, unprecedented concentration of power that is neither dangerous, nor unprecedented, but a restoration of traditional powers that the Executive Branch had for most of this country&#039;s history.

&lt;blockquote&gt;So much for checks and balances. Regime change, anyone?&lt;/blockquote&gt;

And if you think that a President Hillary Clinton (*shudder*) would be any better, I&#039;ve got a bridge in Brooklyn to sell you...]]></description>
		<content:encoded><![CDATA[<blockquote><p> The Bush administration should not be so quick to condemn Musharraf for suspending the Pakistani constitution. Even though his actions lack the subtlety and finesse of, say, a Dick Cheney, Musharraf seems to have drawn his inspiration from the G. W. Bush presidency.</p></blockquote>
<p>Yes, because we all remember that time when Bush had the Supreme Court arrested&#8230;</p>
<blockquote><p>By effectively declaring a “wartime exception” to the US Constitution,</p></blockquote>
<p>Or, more accurately, be exercising the powers which have <em>always</em> been granted to the Executive Branch in a time of war&#8230;</p>
<blockquote><p>G. W. eliminated habeas corpus</p></blockquote>
<p>No, <em>Lincoln</em> suspended habeas corpus. President Bush has not &#8212; except in cases of foreign nationals caught outside the territorial jurisdiction of the US. And guess what, those people have <em>never</em> had habeas rights under US law.</p>
<blockquote><p>authorized domestic spying</p></blockquote>
<p>You mean like <a href="http://en.wikipedia.org/wiki/ECHELON" rel="nofollow">ECHELON</a>? Oh wait, that was long before Bush was elected.</p>
<p>Read the Fourth Amendment. The Fourth Amendment does not say that the government cannot search you, it says that such searches must be <em>reasonable</em>. The fact remains that the 9/11 hijackers were in the United States months before the attacks. You really want to argue that the government should not have been able to tap their phones?</p>
<p>There&#8217;s a credible argument that the President should have followed FISA, but all that argument says is <em>how</em> one thinks the President should have conducted domestic surveillance, not saying that the President <em>cannot</em> use such measures.</p>
<blockquote><p>dismissed and harrassed federal judges</p></blockquote>
<p>Absolutely wrong.</p>
<p>The President dismissed <em>US Attorneys</em>, who under the Constitution serve the President. The President has the power under the Constitution to hire and fire such individuals at will.</p>
<p>You&#8217;re wrong on the facts. and wrong on a critically important fact.</p>
<blockquote><p>and has systematically used “signing statements” to declare that he will not enforce laws passed by both houses of Congress.</p></blockquote>
<p>OK, open your Constitution once again. Take a look at Article II, Section 1, clause 8. It&#8217;s the oath that the President takes before taking office. It says that the President has to defend the Constitution.</p>
<p>So, if Congress passes a law that the President believes to be unconstitutional he can veto it. However, if the President signs a law that can be unconstitutional <em>under certain circumstances</em>, what can should he do? That&#8217;s what a signing statement is. It is the President saying that the Executive Branch will enforce a law in such a way as to comply with the Constitution.</p>
<p>The Supreme Court can say, &#8220;no, the law must be enforced this way,&#8221; but the Supreme Court only has jurisdiction under Article III if there&#8217;s an actual &#8220;case or controversy&#8221; involved. Moreover, they can&#8217;t get involved unless there&#8217;s an actual case or controversy and someone&#8217;s actually been hurt (or as it&#8217;s called in Constitutional Law, the person suing has to have &#8220;standing&#8221;).</p>
<p>So, the Executive can say how they will interpret a bill for Congress. That isn&#8217;t law, but policy, and the courts don&#8217;t have to recognize it at all. It&#8217;s not unconstitutional for the President to do this, and in fact a President who is following his/her oath and the Faithful Execution Clause <em>has</em> to make note of such things and try to follow Congress without doing something against the Constitution.</p>
<blockquote><p>And by the way, G. W. is predicting that his “war” will outlive most of us.</p></blockquote>
<p>Which it almost certainly will, just as the Cold War outlived Truman&#8217;s generation. </p>
<blockquote><p>That amounts to a permanent suspension of our constitution and a dangerous, unprecedented concentration of power in the Oval Office.</p></blockquote>
<p>A dangerous, unprecedented concentration of power that is neither dangerous, nor unprecedented, but a restoration of traditional powers that the Executive Branch had for most of this country&#8217;s history.</p>
<blockquote><p>So much for checks and balances. Regime change, anyone?</p></blockquote>
<p>And if you think that a President Hillary Clinton (*shudder*) would be any better, I&#8217;ve got a bridge in Brooklyn to sell you&#8230;</p>
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		<title>By: northernexposure</title>
		<link>http://jayreding.com/archives/2007/11/05/the-problem-with-pakistan/comment-page-1/#comment-364185</link>
		<dc:creator>northernexposure</dc:creator>
		<pubDate>Mon, 05 Nov 2007 22:39:28 +0000</pubDate>
		<guid isPermaLink="false">http://jayreding.com/archives/2007/11/05/the-problem-with-pakistan/#comment-364185</guid>
		<description><![CDATA[The Bush administration should not be so quick to condemn Musharraf for suspending the Pakistani constitution. Even though his actions lack the subtlety and finesse of, say, a Dick Cheney, Musharraf seems to have drawn his inspiration from the G. W. Bush presidency. By effectively declaring a &quot;wartime exception&quot; to the US Constitution, G. W. eliminated habeas corpus, authorized domestic spying, dismissed and harrassed federal judges, and has systematically used &quot;signing statements&quot; to declare that he will not enforce laws passed by both houses of Congress. And by the way, G. W. is predicting that his &quot;war&quot; will outlive most of us. That amounts to a permanent suspension of our constitution and a dangerous, unprecedented concentration of power in the Oval Office. So much for checks and balances. Regime change, anyone?]]></description>
		<content:encoded><![CDATA[<p>The Bush administration should not be so quick to condemn Musharraf for suspending the Pakistani constitution. Even though his actions lack the subtlety and finesse of, say, a Dick Cheney, Musharraf seems to have drawn his inspiration from the G. W. Bush presidency. By effectively declaring a &#8220;wartime exception&#8221; to the US Constitution, G. W. eliminated habeas corpus, authorized domestic spying, dismissed and harrassed federal judges, and has systematically used &#8220;signing statements&#8221; to declare that he will not enforce laws passed by both houses of Congress. And by the way, G. W. is predicting that his &#8220;war&#8221; will outlive most of us. That amounts to a permanent suspension of our constitution and a dangerous, unprecedented concentration of power in the Oval Office. So much for checks and balances. Regime change, anyone?</p>
]]></content:encoded>
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