On Monday, 7 June 2004, the `Wall Street Journal' published an
unclassified, redacted copy of a memo dated 6 March 2003. The memo
tries to justify torture. The claims made are unconstitutional.
The memo is in:
http://online.wsj.com/public/resources/documents/military_0604.pdf
On page 20, in the section entitled
Legal doctrines under the Federal Criminal Law that could render
specific conduct, otherwise criminal, not unlawful
the memo says that "... the President enjoys complete discretion in
the exercise of his Commander-in-Chief authority including in
conducting operations against hostile forces."
This is false. Although the United States Constitution says
The President ... shall have power to grant reprieves and pardons
for offenses against the United States, except in cases of
impeachment.
United States Constitution, Article II, Section 2
it also says
... he shall take care that the laws be faithfully executed ....
United States Constitution, Article II, Section 3
A US president can set aside the judgement of a court, but only do so
*after* the court has passed sentence. Moreover, a court passes
judgment based on
...this Constitution, the laws of the United States, and treaties made
....
United States Constitution, Article III, Section 2.
Put another way, the United States government is based on a balance of
power among the Congress, the Courts, and the Executive.
(Incidentally, this analysis suggests that President Ford's pardon of
Richard Nixon had no legal validity, since Nixon had not been tried
and convicted.)
The US Constitution was written by men who took seriously the old
Christian notion, that `Man is fallen'. They were afraid that if one
person or one group held power, that person or group would learn
tyranny. Consequently, the constitutional design depends on different
groups, with different motivations.
--
Robert J. Chassell Rattlesnake Enterprises
As I slowly update it, [EMAIL PROTECTED]
I rewrite a "What's New" segment for http://www.rattlesnake.com
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