12/22/2005
This page is under construction, and is the start
of some research on Presidential powers that are
likely outside of, and not sanctioned by the US
Constitution. My initial conclusion is that the
people of the USA are living in a Constitutional
Dictatorship, and have been since 1933. If you would
like to research this interesting topic here, you
can take advantage of the link to the law dictionary,
and Find Law in the navigation bar above, it is
under politics tab. Below you will find some notes
and this is not meant to be conslusive but rather
just a start into trying to understand what is going
on with the law and the powers of the president
under those laws.
On top of all this executive power worry, many americans
think that 9/11 was an inside job. Top
Officials: 9/11 is Inside Job
"Don't
guard your ignorance with a shield of stupidity."
Alfons
Can
the President Order a Killing on U.S. Soil?
Newsweek Reports -- Feb. 13, 2006 issue - In the
latest twist in the debate over presidential powers,
a Justice Department official suggested that in
certain circumstances, the president might have
the power to order the killing of terrorist suspects
inside the United States. Steven Bradbury, acting
head of the department's Office of Legal Counsel,
went to a closed-door Senate intelligence committee
meeting last week to defend President George W.
Bush's surveillance program. Learn
More
Attorney
General Gonzales at a 02/07/2006 Senate Hearing
talked of "Canon of Constitutional Avoidance"
this "cannon" gives the executive branch
unchecked power. Learn
More
Alito
supports, based upon his address to the Federalist
society in 2001, "unitary executive powers"--the
President as having sole vested constitutional power!
No wonder Bush wants him. He must not be confirmed!
Learn
More
In
a speech to the Federalist Society in 2001, Alito
said: When I was in OLC [] . . ., we were strong
proponents of the theory of the unitary executive,
that all federal executive power is vested by the
Constitution in the President. And I thought then,
and I still think, that this theory best captures
the meaning of the Constitution's text and structure
. . . ." "[T]he case for a unitary executive
seems, if anything, stronger today than it was in
the 18th Century.
The Unitary
Executive and State Administration of Federal Law
EVAN CAMINKER University of Michigan Law School
Learn
More
The Bush administration has been using an extreme
version of an obscure doctrine called the Unitary
Executive Theory to justify executive actions that
far exceed past presidents' power, RAW STORY has
learned. Learn
More
Even
if Bush is breaking the law with warrantless searches,
he may have an out Article II Section 3. Legislative,
Diplomatic, and Law Enforcement Duties of the President.
See the Doctrine of Political Questions, and Recent
Statements of the Doctrine, it is a way to make
the exercise of illegal executive power moot, in
that the Supreme Court may not hear the case, that
seems to be where the Bush administration is playing
their cards. In other words they are wrong, but
there is no legal process to stop them.
Learn
More
-- Article
II Section 3
Alito
Confirmation Would Soon Establish Unitary Executive
Theory (Fuehrerprinzip) As Law, Then Make Bush Dictator.
Learn
More
It is not within the province of the courts to inquire
into the policy underlying action taken by the ''political
departments''-- Congress and the President--in the
exercise of their conceded powers. This commonplace
maxim is, however, sometimes given an enlarged application,
so as to embrace questions as to the existence of
facts and even questions of law, which the Court
would normally regard as falling within its jurisdiction.
Such questions are termed ''political questions,''
and are especially common in the field of foreign
relations. The leading case is Foster v. Neilson,
592 where the matter in dispute was the validity
of a grant made by the Spanish Government in 1804
of land lying to the east of the Mississippi River,
and in which there was also raised the question
whether the region between the Perdido and Mississippi
Rivers belonged in 1804 to Spain or the United States.
http://caselaw.lp.findlaw.com/data/constitution/article02/15.html#14
Bush
and company have told us that Domestic Spying, which
is in conflict with the 4th amendment, is a power
that is granted them because congress granted War
Powers. Bush has even said, “Stop throwing
the Constitution in my face,” Bush screamed
back. “It’s just a goddamned piece of
paper!” ReadMore
Rather shocking use of god's name in vane, and to
accuse god of damning the constitution is rather
odd, looks to me like it was Wilson, and or FDR,
and likely the Creature
From Jekyll Island that are the actual culprits
that damned the constitution, and set the stage
for We the People to be oppressed and spied upon.
Are these
dictatorial police state powers legal? With the
left and the right having different opinions on
the law it is hard to say, and it is my opinion
that there is the letter of the law, and the spirit
of the law, so it depends on who and why this spying
is done. With George W Bush suspected of being complicit
in the 9/11 inside job, there would be many reasons
to use these Emergency Powers to cover up the 9/11
crimes rather than defend national security. I believe
that Bush et al are attempting a coup.
Former
Deputy Attorney General under Clinton, Jamie Gorelick
agrees with the Bush administration : There is no
doubt that presidents before George W. Bush, including
Clinton, held the position that they had the authority
to do what they believed was necessary to defend
the United States against foreign attack, which
includes cointelpro, and and a host of other draconian
ventures. Learn
More
Below
you will find links to some clues as to what the
War Powers, and Emergency Powers are, and what they
mean to We the People. Like was said in the opening
paragraph this is an on going study, and there will
be more to come on this page, but if you read the
links below, you will begin to see the picture of
what "the law" in the USA really is, and
it is not the constitution, but rather laws that
are not supported by the constitution, and have
never been challenged in the courts, at least not
to the extent that is satisfactory to me. The law
even in the highest court of the land is an opinion,
and you will see that the Supreme Court rarely has
consensus. Recent Supreme Court appointments have
packed the court so that legal remedy to the existing
constitutional crisis will be neigh on impossible.
Enjoy the journey.
Bush
renews national emergency
http://www.google.com/search?hl=en&lr=&q=bush+%22renews+national++emergency%22
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the National Emergencies Act
(50 U.S.C. 1601 et seq.), and section 301 of title
3, United States Code, and in order to further respond
to the national emergency I declared in Proclamation
7463 of September 14, 2001, I hereby order as follows:
http://www.whitehouse.gov/news/releases/2003/12/20031217-9.html
http://www.whitehouse.gov/news/releases/2001/11/20011116-2.html
US CODE: Title 50,CHAPTER 34—NATIONAL EMERGENCIES
TITLE 50 > CHAPTER 34. CHAPTER 34—NATIONAL
EMERGENCIES. Release date: 2005-03-17.
SUBCHAPTER I—TERMINATING EXISTING DECLARED
EMERGENCIES ...
www4.law.cornell.edu/uscode/50/ch34.html
§
1631. Declaration of national emergency by Executive
order; authority; publication in Federal Register;
transmittal to Congress
http://www.law.cornell.edu/uscode/html/uscode50/usc_sup_01_50_10_34_20_III.html
Bush renews national emergency status
http://paulboutin.weblogger.com/2002/11/13
Section 1. Pursuant to section 302(a)(1) of the
Act, the
Attorney General is authorized to approve physical
searches, without a
court order, to acquire foreign intelligence information
for periods of
up to one year, if the Attorney General makes the
certifications
required by that section.
We are
long past the point at which constitutional arguments
have much hope of restraining the American political
class, either at home or abroad. They are still
worth making, though, since they serve to show the
two major parties’ contempt for American law
and tradition.
http://www.lewrockwell.com/woods/woods45.html
Nearly
half a century ago, legal scholar Edward S. Corwin
famously wrote that, "The Constitution is an
invitation to struggle for the privilege of directing
American foreign policy." Since FDR and, arguably,
TR, the president has won that struggle.
http://www.outsidethebeltway.com/archives/13060
War Powers
Search Edward S. Corwin
Edward S. Corwin Papers | Seeley G. Mudd Manuscript
Library
http://www.google.com/search?hl=en&lr=&q=Edward+S.+Corwin+war+powers
Deputy Attorney General Jamie S. Gorelick, the Clinton
administration believes the president "has
inherent authority to conduct warrantless searches
for foreign intelligence purposes."
Secret searches and wiretaps of Aldrich Ames's office
and home in June and October 1993, both without
a federal warrant.
Video
http://fpidocument.blogspot.com/2005/12/coincidences.html
A federal
judge has resigned from a special court set up to
oversee government surveillance to protest President
Bush's secret authorization of a domestic spying
program on people with suspected terrorist ties,
The Washington Post reported.
http://www.forbes.com/home/feeds/ap/2005/12/21/ap2406794.html
Bush
renews national emergency law with regard to Iran
White House - Office of the Press Secretary
Nov 9, 2005
http://daneshjoo.org/cgi-bin/publishers/currentnews/exec/view.cgi?archive=9885&num=2441
A federal judge has resigned from the court that
oversees government surveillance in intelligence
cases in protest of President Bush's secret authorization
of a domestic spying program, according to two sources......
http://www.msnbc.msn.com/id/10538136/
(d) Automatic
termination of national emergency; continuation
notice from President to Congress; publication in
Federal Register Any national emergency declared
by the President in accordance with this subchapter,
and not otherwise previously terminated, shall terminate
on the anniversary of the declaration of that emergency
if, within the ninety-day period prior to each anniversary
date, the President does not publish in the Federal
Register and transmit to the Congress a notice stating
that such emergency is to continue in effect after
such anniversary.
http://www.law.cornell.edu/uscode/html/uscode50/usc_sec_50_00001622----000-.html
What
can the President do now to the We, the People,
under this Section? He can do anything he wants
to do. It's purely at his discretion, and he can
use any agency or any license that he desires to
control it. This is called a constitutional dictatorship.
http://www.barefootsworld.net/srwep.html
N.Y. Times statement defends NSA reporting
http://www.cnn.com/2005/US/12/16/nytimes.statement/
“Stop
throwing the Constitution in my face,” Bush
screamed back. “It’s just a goddamned
piece of paper!” http://www.capitolhillblue.com/artman/publish/article_7779.shtml
The Federal
Register (FR): Main Page
Published by the Office of the Federal Register,
National Archives and Records Administration (NARA),
the Federal Register is the official daily publication
for rules, proposed rules, and notices of Federal
agencies and organizations, as well as executive
orders and other presidential documents.
http://www.gpoaccess.gov/fr/
These
are the US codes under which George Bush claims
this authority to do warantless searches. pursuant
to the National Emergencies Act (50 U.S.C. 1601
et seq.), I intend to utilize the following statutes:
sections 123, 123a, 527, 2201(c), 12006, and 12302
of title 10, United States Code, and sections 331,
359, and 367 of title 14, United States Code.
1-101.
Pursuant to Section 102(a)(1) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1802(a)), the
Attorney General
is authorized to approve electronic surveillance
to acquire foreign
intelligence information without a court order Jimmy
Carter.
http://www.fas.org/irp/offdocs/eo12139.htm
The United
States charged three defendants with conspiring
to destroy, and one of them with destroying, Government
property. In response to the defendants' pretrial
motion for disclosure of electronic surveillance
information, the Government filed an affidavit of
the Attorney General stating that he had approved
the wiretaps for the purpose of
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0407_0297_ZS.html
