FISA, spying on Al Qaeda in the USA and the Constitution
I had come to the conclusion a while back that congress cannot by statute limit the power of the executive as granted by the Constitution. It takes an amendment to do this.
I have seen some good arguments to the reverse like this one about default vs inherent powers, but in the end they failed to convince specifically because of THIS line of argument:
If it is true that congress can by statute limit the constutionally granted powers of another branch, then why can't congress require a supermajority, for instance of the Supreme Court (like 6-3 or 7-2) in order to reverse decisions already taken (like Roe vs Wade or more to the point, like Plessy vs Ferguson). After all, a simple majority is nothing more than a default setting.
However now via Powerline comes more on this.
Continue reading "FISA and the Constitution" at VWT»
- The "decision" Today In Light Of Others
Context for later this morning..1857Dredd Scott vs Sanford : 7-2 African brought to the USA and held as slaves (or their descendants, whether or not they were slaves) were not protected by the Constitution and were...
- Do The New York Times’ Editors Actually Read History?
Yesterday in the Times Review Section, recognizing the new horrifying dangers of Newt Gingrich, the editors attacked Gingrich for trying to undo the supreme court, apparently for the purposes of the re-subjugation of Americans who happen to be black.This...
- Dangerous Precedent?
Let's take the term "sex offender" out of this for a moment. If I, being of limited mental faculties and acumen, understand this right, Congress now has the power to hold an offender in prison AFTER they have served their time. I agree with the dissenting...
- Could Scotus Be The Death Panel For Health-care Reform?
From Talking Points Memo: Now that President Obama has signed health-care reform into law, opponents of the bill are pinning their hopes of stopping it on a last-ditch legal strategy. A group of 13 state attorneys general has filed suit (pdf), arguing...
- Is The Obama Administration In Violation Of Our Constitution?
Commenter Ro says so. I think her comment is worth consideration: I do disagree with you on a fundamental point, Pastorius. I do not believe the take-over of the car cos.; the forcing of the TARP; the (apparently) forced acquisitions by BofA; the AIG...