Hi. Borosage is a prodigious analyst and elegant writer, but doesn't make clear that Bush and his people fully understand the process cited in the first, quoted paragraph, how to intimidate congress from the examination of impeachment, intend rewriting our constitution thereby, and will continue to establish these new 'facts on the ground,' as our Israeli friends tout, which will persist long after they leave office. Ed
http://www.truthout.org/article/time-a-grand-inquest-into-bushs-high-crimes Time for a Grand Inquest Into Bush's High Crimes " And there is the rub. According to the leading case on presidential powers, if Bush's extreme assertions of power are not challenged by the Congress, they end up not simply creating new law, they could end up rewriting the Constitution itself. Inaction can alter the Constitutional division of powers by establishing the president's claims as authority that the Congress or the courts may not infringe." by: Robert Borosage, The Campaign for America'a Future Wednesday 25 June 2008 Robert Borosage says, "When Pelosi took impeachment off the table, impeachment was reduced to being a rhetorical protest vehicle for progressives like Dennis Kucinich or Russ Feingold." One of House Speaker Nancy Pelosi's first acts upon taking the gavel was to rule impeachment off the table. She wanted Democrats to focus on challenging the president on the war and on kitchen table concerns - from energy to education to health care. With Democrats now enjoying an increasing margin in generic polls and looking towards gaining seats in both the House and the Senate, the strategy certainly hasn't hurt politically. But the constitutional implications are far more disturbing. This was dramatized as the Congress debated the Foreign Intelligence Surveillance Act reform legislation that will provide retroactive immunity to the telecommunications companies for warrantless interception of the conversations of Americans - and by implication, retroactive acceptance of the president's authority to order such wiretaps. We have witnessed a staggering abuse of power by President Bush. Even former Bush Justice Department officials now charge him with trampling the Constitution. Bush has claimed the prerogative to declare an endless war without congressional approval, to designate someone an enemy without cause, to proceed to wiretap them without warrant, arrest or kidnap them at will, jail them without a hearing, hold them indefinitely, interrogate them intensively (read torture), bring them to trial outside the U.S. court system. He claims that executive privilege exempts his aides - even the aides of his aides and his vice president's aides - from congressional investigation. He claims the right to amend or negate congressional laws with a statement upon signing them. And much more. Even this Supreme Court, stacked with activist right-wing judges enamored of executive national security powers, has rebuked the president on some of these claims, particularly around the treatment of alleged enemy combatants. But many of Bush's claims will escape judicial determination. And there is the rub. According to the leading case on presidential powers, if Bush's extreme assertions of power are not challenged by the Congress, they end up not simply creating new law, they could end up rewriting the Constitution itself. Inaction can alter the Constitutional division of powers by establishing the president's claims as authority that the Congress or the courts may not infringe. The Steel Seizure case - Youngstown Sheet and Tube v Sawyer, 343 U.S. 579 (1952), remains the leading case on presidential power. In Youngstown, a six-member majority of the Court joined in overturning President Truman's executive order nationalizing the steel plants to end a strike during the Korean War. Justice Black wrote the opinion for the Court, but the historically influential opinions were penned by Justices Robert H. Jackson and Felix Frankfurter, both Democratic appointees. Frankfurter laid out the argument for a sort of common law of constitutional amendment: Deeply embedded traditional ways of conducting government cannot supplant the Constitution or legislation, but they give meaning to the words of a text or supply them. It is an inadmissibly narrow conception of American constitutional law to confine it to the words of the Constitution and to disregard the gloss which life has written upon them. In short, a systematic, unbroken, executive practice, long pursued to the knowledge of the Congress and never before questioned, engaged in by Presidents who have also sworn to uphold the Constitution, making as it were such exercise of power part [343 U.S. 579, 611] of the structure of our government, may be treated as a gloss on "executive Power" vested in the President by 1 of Art. II. In Youngstown, Jackson concurred, arguing that the president's powers vary as to whether he acts with congressional authority (his greatest power), in the absence of it, or in opposition to it: When the president acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority, or in which its distribution is uncertain. Therefore, congressional inertia, indifference or quiescence may sometimes, at least as a practical matter, enable, if not invite, measures on independent presidential responsibility. In this area, any actual test of power is likely to depend on the imperatives of events and contemporary imponderables rather than on abstract theories of law. When a president egregiously abuses his power - particularly in areas relating to the rights of American citizens - remedies are often difficult. The Supreme Court is reluctant to arbitrate a power struggle between two co-equal branches. That is why the Constitution prescribes the specific remedy of impeachment for crimes and abuses of power - "high crimes and misdemeanors" - and empowers the House and Senate to sit in judgment whether the actions are to be accepted or condemned. What the Court said in Youngstown is that if presidents assert a prerogative, such the power to make war without a congressional declaration - systematically, with unbroken regularity, with the knowledge of the Congress and are never questioned - then that practice becomes a Constitutional power that cannot be infringed upon by the Congress or the Courts. Thus, Congress must formally object to President Bush's abuses or it risks by "indifference or quiescence" contributing to the powers of our imperial presidency. When Pelosi took impeachment off the table, impeachment was reduced to being a rhetorical protest vehicle for progressives like Dennis Kucinich or Russ Feingold. But Congress need not convict President Bush to impeach him for high crimes and misdemeanors. And arguably, the House need not even impeach the president to hold a grand inquest into the powers that he has claimed, registering a formal objection to them. The Judiciary Committee in the House should formally convene that inquest, no matter what the decision is on impeachment. For if Pelosi's sensible political judgment results, as it has to date, in a show of congressional "inertia, indifference or quiescence," the Democratic majority in Congress may have gained a dozen seats at the cost of relinquishing its own powers, and putting the rights of Americans at risk. *** http://www.informationclearinghouse.info/article20158.htm The Hedonists of Power By Chris Hedges 23/06/08 "Truthdig" -- -- Washington has become Versailles. We are ruled, entertained and informed by courtiers. The popular media are courtiers. The Democrats, like the Republicans, are courtiers. Our pundits and experts are courtiers. We are captivated by the hollow stagecraft of political theater as we are ruthlessly stripped of power. It is smoke and mirrors, tricks and con games. We are being had. The past week was a good one if you were a courtier. We were instructed by the high priests on television over the past few days to mourn a Sunday morning talk show host, who made $5 million a year and who gave a platform to the powerful and the famous so they could spin, equivocate and lie to the nation. We were repeatedly told by these television courtiers, people like Tom Brokaw and Wolf Blitzer, that this talk show host was one of our nation's greatest journalists, as if sitting in a studio, putting on makeup and chatting with Dick Cheney or George W. Bush have much to do with journalism. No journalist makes $5 million a year. No journalist has a comfortable, cozy relationship with the powerful. No journalist believes that acting as a conduit, or a stenographer, for the powerful is a primary part of his or her calling. Those in power fear and dislike real journalists. Ask Seymour Hersh and Amy Goodman how often Bush or Cheney has invited them to dinner at the White House or offered them an interview. All governments lie, as I.F. Stone pointed out, and it is the job of the journalist to do the hard, tedious reporting to shine a light on these lies. It is the job of courtiers, those on television playing the role of journalists, to feed off the scraps tossed to them by the powerful and never question the system. In the slang of the profession, these television courtiers are "throats." These courtiers, including the late Tim Russert, never gave a voice to credible critics in the buildup to the war against Iraq. They were too busy playing their roles as red-blooded American patriots. They never fought back in their public forums against the steady erosion of our civil liberties and the trashing of our Constitution. These courtiers blindly accept the administration's current propaganda to justify an attack on Iran. They parrot this propaganda. They dare not defy the corporate state. The corporations that employ them make them famous and rich. It is their Faustian pact. No class of courtiers, from the eunuchs behind Manchus in the 19th century to the Baghdad caliphs of the Abbasid caliphate, has ever transformed itself into a responsible elite. Courtiers are hedonists of power. Our Versailles was busy this past week. The Democrats passed the FISA bill, which provides immunity for the telecoms that cooperated with the National Security Agency's illegal surveillance over the past six years. This bill, which when signed means we will never know the extent of the Bush White House's violation of our civil liberties, is expected to be adopted by the Senate. Barack Obama has promised to sign it in the name of national security. The bill gives the U.S. government a license to eavesdrop on our phone calls and e-mails. It demolishes our right to privacy. It endangers the work of journalists, human rights workers, crusading lawyers and whistle-blowers who attempt to expose abuses the government seeks to hide. These private communications can be stored indefinitely and disseminated, not just to the U.S. government but to other governments as well. The bill, once signed into law, will make it possible for those in power to identify and silence anyone who dares to make public information that defies the official narrative. Being a courtier, and Obama is one of the best, requires agility and eloquence. The most talented of them can be lauded as persuasive actors. They entertain us. They make us feel good. They convince us they are our friends. We would like to have dinner with them. They are the smiley faces of a corporate state that has hijacked the government and is raping the nation. When the corporations make their iron demands, these courtiers drop to their knees, whether to placate the telecommunications companies that fund their campaigns and want to be protected from lawsuits, or to permit oil and gas companies to rake in obscene profits and keep in place the vast subsidies of corporate welfare doled out by the state. We cannot differentiate between illusion and reality. We trust courtiers wearing face powder who deceive us in the name of journalism. We trust courtiers in our political parties who promise to fight for our interests and then pass bill after bill to further corporate fraud and abuse. We confuse how we feel about courtiers like Obama and Russert with real information, facts and knowledge. We chant in unison with Obama that we want change, we yell "yes we can," and then stand dumbly by as he coldly votes away our civil liberties. The Democratic Party, including Obama, continues to fund the war. It refuses to impeach Bush and Cheney. It allows the government to spy on us without warrants or cause. And then it tells us it is our salvation. This is a form of collective domestic abuse. And, as so often happens in the weird pathology of victim and victimizer, we keep coming back for more. Chris Hedges, who was a Pulitzer Prize-winning foreign correspondent for The New York Times, says he will vote for Ralph Nader for president. ------------------------------------ --------------------------------------------------------------------------- LAAMN: Los Angeles Alternative Media Network --------------------------------------------------------------------------- Unsubscribe: <mailto:[EMAIL PROTECTED]> --------------------------------------------------------------------------- Subscribe: <mailto:[EMAIL PROTECTED]> --------------------------------------------------------------------------- Digest: <mailto:[EMAIL PROTECTED]> --------------------------------------------------------------------------- Help: <mailto:[EMAIL PROTECTED]> --------------------------------------------------------------------------- Post: <mailto:[EMAIL PROTECTED]> --------------------------------------------------------------------------- Archive1: <http://www.egroups.com/messages/laamn> --------------------------------------------------------------------------- Archive2: <http://www.mail-archive.com/[EMAIL PROTECTED]> --------------------------------------------------------------------------- Yahoo! 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