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The Daily Dish - 2006-2011 archives for The Daily Dish, featuring Andrew Sullivan

How Tyranny Happens

By The Daily Dish
Oct 23 2007, 1:11 AM ET

What is there about this that the president does not understand:

According to Judge Mukasey’s statement, as well as other parts of his testimony, the president’s authority “to defend the nation” trumps his obligation to obey the law. Take the federal statute governing military commissions in Guantamo Bay. No one, including the president’s lawyers, argues that this statute is unconstitutional. The only question is whether the president is required to obey it even if in his judgment the statute is not the best way “to defend the nation.”

If he is not, we no longer live under the government the founders established.

Under the American Constitution, federal statutes, not executive decisions in the name of national security, are “the supreme law of the land.” It’s that simple. So long as a statute is constitutional, it is binding on everyone, including the president.

The president has no supreme, exclusive or trumping authority to “defend the nation.” In fact, the Constitution uses the words “provide for the common defense” in its list of the powers of Congress, not those of the president.

My italics. If you didn't get a chance to see PBS's "Cheney's Law" about the vice-president's and president's assault on the Constitution they took an oath to defend, check it out online. Or DVR/Tivo it. Check out this new Guantanamo campaign as well. Get angry. Get angrier:



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