Thursday, December 22, 2005

Never A Strict Constructionist Or States' Rights Crusader When Ya Need One

I find it most incredible that Bush Appologists are claiming commander-in-chief powers to legitimize warrantless wiretapping of U.S. citizens who are governed by the supreme law of our land, the U. S. Constitution. Unless the NSA is a department of the Pentagon, it doesn't rise to the militia stanards required by Article 2 Section 2.

Of course Dubya might not have lied to the nation--because he might have been advised to do so. More than just Dubya is complicit in these felonies.

For instance, in order for a piece of legislation to claim any kind of War Power from any War Power Act, it would have to have usurped the power granted only to the Judiciary to interpret the Constitution for itself. No piece of legislation or resolution has the power to alter or edit or eliminate any portion of the U.S. Constitution for that would be a violation of Article 5.

This also means that no judge has the power to alter or edit or eliminate any portion of the U.S. Constitution either, by rendering an "interpretation" favorable to the person who appointed him. That, too, is a violation of Article 5, which is the only way to alter, edit, or eliminate any portion of the U.S. Constitution.

No power of any office in the United States is expandable by judicial "interpretation", in fact. That is prohibited by the 10th Amendment, which states that the only powers even the president has are express powers only, as specifically granted by the U.S. Constitution, and all other powers are reserved for the States and the people.

The 10th Amendment argument is what States' Rights conservatives always thump, like the NRA always thumps the 2nd Amendment. Where did all these people disappear to? Can't find hide nor hair of a single one of 'em these days.

The U. S. Constitution is the Supreme Law of the Land--Legislation is to comply to it; it is not to comply to Legislation. Further, Judicial rulings are to comply to it--it is not to comply to Judicial rulings
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Am I surprised? Not only no, but HELL NO.
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