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

Footnote 28

By The Daily Dish
Feb 23 2010, 10:27 AM ET

Another insight into John Yoo's view of presidential power:

These included Yoo's findings in the memorandum that: 1) the Fourth Amendment would not apply to domestic military operations designed to deter and prevent future terrorist attacks; 2) "broad statements" suggesting that First Amendment speech and press rights under the constitution would potentially be subordinated to overriding military necessities; and 3) that domestic deployment of the Armed Forces by the President to prevent and deter terrorism would fundamentally serve a military purpose rather than law enforcement purpose and thus would not violate the Posse Comitatus Act.

And so the president's powers are limitless - suspending First and Fourth Amendments - in the United States itself in a war with no end.



I've often been accused of hyperbole on this stuff over the years. But look at the vagueness of the justification - a tyranny is legal in America, according to Yoo, merely in order to "deter" terrorism. What he is advocating - what Cheney was advocating - was the abolition of the idea of limited government in America. So long as America was governed by these secret memos, we were not living under the Constitution at all.

Where were the tea-partiers then? Where were the constitutionalists then?

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