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What's at stake

Norma Bates recommends a look at the New York Review of Books for a series of essays by prominent writers on the importance of this election.

She particularly recommends a click on the Garry Wills piece, which highlights the risk of a continuation of the "unitary executive" doctrine developed and advanced by President Cheney.

When Charles Gibson was questioning Governor Palin, he should not have asked about the Bush Doctrine (a wavering concept, and touching only one matter, war). He should have asked for her views on the unitary executive—the question Cheney asked the Court nominees. That is what matters most to the Bush people. It affects all the executive usurpations of the last seven years—not only the right of the president to wage undeclared wars, but his right to create military courts, to authorize extraordinary renditions, secret prisons, more severely coercive interrogation, trials with undisclosed evidence, domestic surveillance, and the overriding of congressional oversight in every aspect of government from energy policy to health services.

All these policies were driven by the unitary executive theory of the Constitution, which emanated from David Addington in Vice President Cheney's office. Charlie Savage has documented that four Supreme Court justices are already enthusiastic supporters of the unitary theory—Roberts, Alito, Scalia, and Thomas.[16] It takes only a fifth justice to solder that theory into place for the foreseeable future. This would be the most thorough reworking and distortion of the Constitution in all our history.

Think about it.

Comments

That is the solidly constructionist bloc on the SCOTUS. I'll tell you right now. They will drop their support for the unitary executive like a hot potato under President Barack Obama.

Thank you, Max, for posting this. Here is Garry Wills final paragraph.

"There is something terrifying in the fact that a sweeping presidential power that is rejected even by an early advocate of the unitary executive is now accepted by four of the nine Supreme Court justices. Add a fifth justice to them, and the Constitution will be under the severest siege in its history. There can be no higher stakes."

His entire article is not that long, yet it is the most important piece regarding the upcoming election I have yet read, and addresses the REAL (and oft-ignored) essence of why this election is the most powerful in American history.

If you have to think about it you are already part of the problem.

Even with Obama and a return to constitutional government this should tell us that we have some very real problems with democracy in this country. Somebody in the mainstream is going to have to begin to address what our politicians have done to the electorate.

One might wonder why George Bush has done so many things to undermine John McCain and to help Obama. Heck, Bush and his Democrat Treasury Secretary provided the October surprise with the bail out. Karl Rove was a closet advisor to Obama in the primaries to defeat Hillary. Does George Bush hate John McCain and likewise, or is there an arrangement with Obama and the Democrats to limit investigations and to prevent any post-election prosecutions of Bush/Cheney/Rove? In the event of an Obama win, expect to see any and all investigations of Bush and Cheney dropped in a bipartisan spirit of compromise... In the event of a McCain win, expect to see an extensive Bush probe.

On an unrelated note:
There are other Republicans that seem to be vested in McCain's failure. For example, Mike Huckabee must really be hoping for an Obama win. One would think that his kids would have McCain/Palin signs in their yards to support the Republican candidate, yet the signs are conspicuously missing. The missing signs are particularly troubling when one considers that Huckabee's daughter in law is the co-chair of the McCain campaign in Arkansas.

In the event of an Obama win, Democrats should thank Mike Huckabee for his sabotage of the Mitt Romney campaign. Mitt Romney would have been the ideal candidate with the best education and skills to deal with the economic crisis.

Garry Wills is worth listening to. Not only is he a pre-eminent Jefferson scholar, he's also a Catholic who has his finger on the pulse of the court and knows well the kind of damage that some of the Catholics on the Supreme Court, including Alito, Roberts, Scalia, and Thomas, are capable of doing. Especially if they gain just one more colleague on the bench.

We are already in a severe constitutional crisis on so many levels. In no small part because both parties have abrogated their oath and their role.

This is one of the reasons folks like Pryor and Ross Dems must be replaced. It's as important as replacing all but a couple of Republicans in the House and Senate.

The very fact impeachment was never "on the table". The very fact congressional subpoena's are constantly denied with no consequence. The very fact money trumps liberty at every decisive moment, such as FISA and countless other examples on a yearly basis.

I really don't see any evidence to suggest moderate or right leaning Dems are preparing to address this in any serious manner... which is in large part why I will be voting outside of my party affiliation everywhere possible this year... all while supporting as many progressive Democratic candidates around the country as I can find and aford to with time and money.

Hopefully this is the beginning of the reversal of what republicans and their paymasters (who also buy a lot of power inside the D part) have been doing for forty years.

marathon... not a sprint.

Thanks, Max and Norma

the picture I saw of norma bates is was a man who needs to shave his whiskers everyday.

WHat are you doing looking at those kinds of pictures, chasv? I wouldn't place anythinng other than an even money bet you often type with one hand on the keyboard around here.

Get a grip, chasv.. and pay attention. this is about all of our constitution.. And my and norma's bible look's just like yours.. it's just that folks like us know it's at it's best when interpreted to do good for everyone... not the opposite which seems to be your devilish goal in life, both spiritually and patriotically.

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