Scholar says Bush has used obscure doctrine to extend power 95 times

[donsu]

http://rawstory.com/news/2005/CanExecutive_Branch_Decide_0923.html

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

-snip-

According to Dr. Christopher Kelley, a professor in the Department of Political Sciences at Miami University, as of April 2005, President Bush had used the doctrine 95 times when signing legislation into law, issuing an executive order, or responding to a congressional resolution.

-snip-

Unitarian vs. Non-Unitarian theoreticians

The unitary executive doctrine, in its mildest form, claims only that the President has the power to appoint, control, and remove executive officers, as well as the duty to interpret the law as it applies to his office.

The doctrine is being used by the Bush Administration, however, to claim the authority to decide what is and what is not the law in areas that some legal experts view as suspect. Michael A. Froomkin, professor at University of Miami Law School, told RAW STORY that some of Bush’s applications of the doctrine are “highly dubious.”

-snip-

But unitary executive theoreticians claim that judicial supremacy over interpretation of the laws is not and never has been exclusive. Professors Calabresi and Yoo have noted that “the suggestion that the Supreme Court may not have the last word on matters of constitutional interpretation seems at first to be quite jarring to modern lawyers” but Marshall’s famous opinion “never claimed that interpretation of the law was the exclusive province of the courts.”
-snip-
------------------------------

if there is a loophole you know the criminal bushgang is using it or making up fantasy loopholes

[Nothing Without Hope]

1. Very important. Cheney's new Libby replacement Addington is big UED fan:

http://whateveralready.blogspot.com/2005/10/i-have-brand-new-national-journal.html
by Murray Wass
Thursday, October 27, 2005

(snip)

Cheney has tried to increase executive power with a series of bold actions -- some so audacious that even conservatives on the Supreme Court sympathetic to Cheney's view have rejected them as overreaching. The vice president's point man in this is longtime aide David Addington, who serves as Cheney's top lawyer.

Where there has been controversy over the past four years, there has often been Addington. He was a principal author of the White House memo justifying torture of terrorism suspects. He was a prime advocate of arguments supporting the holding of terrorism suspects without access to courts.

Addington also led the fight with Congress and environmentalists over access to information about corporations that advised the White House on energy policy. He was instrumental in the series of fights with the Sept. 11 commission and its requests for information...

(snip)

Even in a White House known for its dedication to conservative philosophy, Addington is known as an ideologue, an adherent of an obscure philosophy called the unitary executive theory that favors an extraordinarily powerful president.

(snip)

There is more on this at the link and more on Addington replacing Libby here:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x5203623
thread title: David Addington set to replace Libby

[struggle4progress]

4. So they don't really believe in "Limited Government," "Rule of Law,"

or "Original Intent."

I'd guess about 50% of the American public knows this today, and another 20% is catching on fast ...

[unpossibles]

10. the only parts of government they truly want to kill

are the parts which say the government represents "the people" and those other parts which keep the corrupt from stealing even more money.

[Cleita]

11. Amen. You have that right.

If there was ever a time for the masses to demand government by the people for the people, it's now.

[Marie26]

2. Executive Orders

I actually have bookmarked Bush's executive order webpage. It's amazing the amount of sweeping changes that have been made soley by executive order, without Congress, or media comment. It's like they're slowly chipping away at democracy, in small changes that have a huge cumulative effect. These orders are authored by the White House counsel's office - I don't think it's a coincidence that Bush trys to promote these members to the Justice Dept. or Supreme Court; it's an easy way to get approval for "overreaching" orders.

http://www.whitehouse.gov/news/orders/

[Nothing Without Hope]

12. Bush has DICTATORIAL POWERS under FEMA Executive Orders - check it out:

Here are some of them, available at a link in this post:
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=104&topic_id=4790112&mesg_id=4790882
**************************************
Here are just a few Executive Orders associated with FEMA that would suspend the Constitution and the Bill of Rights. These Executive Orders have been on record for nearly 30 years and could be enacted by the stroke of a Presidential pen:

* EXECUTIVE ORDER 10990 allows the government to take over all modes of transportation and control of highways and seaports.

* EXECUTIVE ORDER 10995 allows the government to seize and control the communication media.

* EXECUTIVE ORDER 10997 allows the government to take over all electrical power, gas, petroleum, fuels and minerals.

* EXECUTIVE ORDER 10998 allows the government to take over all food resources and farms.

* EXECUTIVE ORDER 11000 allows the government to mobilize civilians into work brigades under government supervision.

* EXECUTIVE ORDER 11001 allows the government to take over all health, education and welfare functions.

* EXECUTIVE ORDER 11002 designates the Postmaster General to operate a national registration of all persons.

* EXECUTIVE ORDER 11003 allows the government to take over all airports and aircraft, including commercial aircraft.

* EXECUTIVE ORDER 11004 allows the Housing and Finance Authority to relocate communities, build new housing with public funds, designate areas to be abandoned, and establish new locations for populations.

* EXECUTIVE ORDER 11005 allows the government to take over railroads, inland waterways and public storage facilities.

* EXECUTIVE ORDER 11051 specifies the responsibility of the Office of Emergency Planning and gives authorization to put all Executive Orders into effect in times of increased international tensions and economic or financial crisis.

* EXECUTIVE ORDER 11310 grants authority to the Department of Justice to enforce the plans set out in Executive Orders, to institute industrial support, to establish judicial and legislative liaison, to control all aliens, to operate penal and correctional institutions, and to advise and assist the President.

* EXECUTIVE ORDER 11049 assigns emergency preparedness function to federal departments and agencies, consolidating 21 operative Executive Orders issued over a fifteen year period.

* EXECUTIVE ORDER 11921 allows the Federal Emergency Preparedness Agency to develop plans to establish control over the mechanisms of production and distribution, of energy sources, wages, salaries, credit and the flow of money in U.S. financial institution in any undefined national emergency. It also provides that when a state of emergency is declared by the President, Congress cannot review the action for six months.

The Federal Emergency Management Agency has broad powers in every aspect of the nation. General Frank Salzedo, chief of FEMA's Civil Security Division stated in a 1983 conference that he saw FEMA's role as a "new frontier in the protection of individual and governmental leaders from assassination, and of civil and military installations from sabotage and/or attack, as well as prevention of dissident groups from gaining access to U.S. opinion, or a global audience in times of crisis."

(snip - much more)

[Marie26]

13. Scary stuff

Hopefully these only kick in a "national emergency," right? If FEMA is such a powerhouse, you'd really expect them to be more effective! Bush sometimes acts like there needs to be a "discussion" about expanding executive power w/o disclosing that he's already done it. He doesn't need a discussion. There was an uproar when Bush said that the gov. needs to "look into" allowing military quarantines if the bird flu hits. He said this as if these are changes that need to be made in the future. But he had already added an executive order back in April to allow emergency quarantines of people with bird flu. Why didn't he just say this?

Executive Order: Amendment to E.O. 13295 Relating to Certain Influenza Viruses and Quarantinable Communicable Diseases

http://www.whitehouse.gov/news/releases/2005/04/20050401-6.html

Maybe this wise, I don't know. I just don't like the fact that he seems to be intentionally misleading Americans about the amount of power he already has.

[Nothing Without Hope]

15. But who gets to define "emergency"? One of the later ones says that

Congress can't even REVIEW the president's declaration of emergency for SIX MONTHS afterwards.

[texpatriot2004]

3. Hitler used Executive Orders too. nm

[tritsofme]

8. Clinton used executive orders too.

Thanks for the relevant comment.

[Nothing Without Hope]

5. Don't forget the infamous Bush DOJ's Yoo Memo, which gives "legal" basis

to claiming that ONLY the president can declare war or control the US military. In other words, he is supposed to be a military dictator. The memo actually claims this is the constitution's intent, though in fact it is explicitly and clearly rebutted by the Constitution. Congress' "giving" to Bush the power to declare war is blatantly unconstitutional but according to the Yoo Memo he already has that power.

Read about the Yoo Memo here:
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=102&topic_id=1802447&mesg_id=1802544
I also urge you to read the whole thead containing that post - this is vital information.

[lyonn]

6. Does that mean that Clinton could have overruled the

Supreme Court's appointment of Bush? Fun thought anyway.

[salin]

7. Interesting

nominated.

[UTUSN]

9. Kick n/t

[bbgrunt]

14. this really offends my sense of justice.

It essentially says we elect a king. All he has to do is abolish elections by fiat.