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Thursday, January 26, 2006
Can someone please tell me why conservatives like JTTR, Delathought, Hube, and the rest of Rhodey braintrust don't seem to get this?
Is Bush turning America into an elective dictatorship?
By Jacob Weisberg
It's tempting to dismiss the debate about the National Security Agency spying on Americans as a technical conflict about procedural rights. President Bush believes he has the legal authority to order electronic snooping without asking anyone's permission. Civil libertarians and privacy-fretters think Bush needs a warrant from the special court created to authorize wiretapping in cases of national security. But in practice, the so-called FISA court that issues such warrants functions as a virtual rubber stamp for the executive branch anyhow, so what's the great difference in the end?
Would that so little were at stake. In fact, the Senate hearings on NSA domestic espionage set to begin next month will confront fundamental questions about the balance of power within our system. Even if one assumes that every unknown instance of warrant-less spying by the NSA were justified on security grounds, the arguments issuing from the White House threaten the concept of checks and balances as it has been understood in America for the last 218 years. Simply put, Bush and his lawyers contend that the president's national security powers are unlimited. And since the war on terror is currently scheduled to run indefinitely, the executive supremacy they're asserting won't be a temporary condition.
- via SlateUPDATE: From the New York TimesJudge Samuel Alito Jr., whose entire history suggests that he holds extreme views about the expansive powers of the presidency and the limited role of Congress, will almost certainly be a Supreme Court justice soon. His elevation will come courtesy of a president whose grandiose vision of his own powers threatens to undermine the nation's basic philosophy of government -- and a Senate that seems eager to cooperate by rolling over and playing dead.
It is hard to imagine a moment when it would be more appropriate for senators to fight for a principle. Even a losing battle would draw the public's attention to the import of this nomination.
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