Tag: Separation of Powers

March 4, 2009

Memos Provide Blueprint for Police State

Seven newly released memos from the Bush Justice Department reveal a concerted strategy to cloak the President with power to override the Constitution. The memos provide “legal” rationales for the President to suspend freedom of speech and press; order warrantless searches and seizures, including wiretaps of U.S. citizens; lock up U.S. citizens indefinitely in the… Read more »

June 20, 2008

Scalia Cites False Information in Habeas Corpus Dissent

To bolster his argument that the Guantánamo detainees should be denied the right to prove their innocence in federal courts, Justice Antonin Scalia wrote in his dissent in Boumediene v. Bush: “At least 30 of those prisoners hitherto released from Guantánamo have returned to the battlefield.” It turns out that statement is false. According to… Read more »

June 16, 2008

Supreme Court Checks and Balances in Boumediene

After the Supreme Court handed down its long-awaited opinion, upholding habeas corpus rights for the Guantánamo detainees, I was invited to appear on The O’Reilly Factor with guest host Laura Ingraham. Although she is a lawyer and former law clerk for Justice Clarence Thomas, Ingraham has no use for our judicial branch of government, noting… Read more »

July 24, 2007

Showdown Looming Over Executive Privilege

George W. Bush’s presidential tenure has been marked by one cover-up after another. But the masterful spinning of Karl Rove and a compliant media enabled Bush to get away with it. Now that the Democrat-controlled Congress is investigating administration malfeasance, Bush’s cover-ups have come cloaked in the guise of “executive privilege.” Bush has claimed executive… Read more »

May 31, 2007

The Unitary King George

As the nation focused on whether Congress would exercise its constitutional duty to cut funding for the war, Bush quietly issued an unconstitutional bombshell that went virtually unnoticed by the corporate media. The National Security and Homeland Security Presidential Directive, signed on May 9, 2007, would place all governmental power in the hands of the… Read more »

May 17, 2006

What Will it Take?

Recent revelations indicate that the President of the United States continues to flout the law. In December, we learned that Bush signed a secret order in 2002 authorizing the National Security Agency to violate the Foreign Intelligence Surveillance Act by wiretapping without a warrant. Two weeks ago, the Boston Globe revealed that Bush has claimed… Read more »

November 15, 2005

Graham Amendment Invokes Constitutional Crisis

The “accumulation of all powers, legislative, executive, and judiciary, in the same hands … may justly be pronounced the very definition of tyranny.”–James Madison, Federalist Paper No. 47 In blatant defiance of the Constitution’s guarantees of Habeas Corpus and separation of powers, the Senate on Thursday approved the Graham Amendment to the Department of Defense… Read more »

July 25, 2005

The Roberts Court?

Consider this: John Roberts’s nomination for Associate Justice of the Supreme Court is confirmed by the Senate. Chief Justice William Rehnquist steps down. Then, Bush elevates Roberts to Chief. This scenario would avoid the nasty fight that would surely ensue if Bush elevated his model Supreme Court Justice Antonin Scalia – or chose another rabid… Read more »

January 10, 2005

Dear Mr. Gonzales

Dear Mr. Gonzales, You have been rewarded for your unflinching loyalty to George W. Bush with a nomination for Attorney General of the United States. As White House Counsel, you have walked in lockstep with the President. As Attorney General, you will be charged with representing all the people of the United States. Your performance… Read more »