Wednesday, January 25, 2006

Alito's support for "Unitary Executive" is support for Dictatorship

http://seattletimes.nwsource.com...
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The unitary executive theory contends that the president, as chief executive, has sweeping powers to interpret or even ignore laws he disagrees with, particularly in wartime, and it severely limits Congress and even independent regulatory agencies.
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Not since Richard Nixon, who also used secrecy and wiretaps, have we seen such a raw grab for power.
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http://seattletimes.nwsource.com...

ALSO:

http://www.venturacountystar.com...
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January 24, 2006

The case against Alito

If the Senate accepts President Bush's nomination of Judge Samuel Alito to the U.S. Supreme Court, our nation will undergo profound legal changes, resulting in its transformation from a democratic republic to a corporatist dictatorship. And, once again, our craven media, which now openly practice a form of "don't ask don't' tell" journalism, have failed to inform us about facts and history that, if widely known, would incite angry opposition.

The media have been silent on the particular pedigree of the unitary executive theory, a judicial concept that informs Alito's outlook (as well as the new Chief Justice Roberts') as it relates to expanding presidential power. While the term has been mentioned in the media, any coverage of the origin of the concept itself has been AWOL, giving the false impression that the philosophy originated out of some innocent, paternal desire on President Bush's part to protect us. Nothing could be further from the truth.

The fact is that the unitary executive theory was developed by Carl Schmitt, the Third Reich's legal expert, to advance the appearance of a lawful dictatorial takeover of Germany. Arguing that an exceptional situation, like the Reichtag fire (or 9/11 in our case), gave the executive the right to decide law for himself, Schmitt's philosophy ushered in a reign of vicious authoritarianism. Recently, Schmitt's legal theories have been applied ferociously in signing statements and executive orders by Bush's legal team to liberate them from quaint restrictions like international treaties and domestic law.

If Alito gets on the court, he'll uphold the law -- any law that Bush writes. Senators must realize that to protect our Constitution, the Bill of Rights, separation of powers, our system of checks and balances, and even Congress itself from the neocon's treasonous attack, they must reject Alito.

-- Nicole Johnson, Oak Park
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http://www.venturacountystar.com...

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