Sen. Biden posed this hypothetical: If We the People, through our representatives in the Senate and House, pass a binding resolution prohibiting the President from ordering any sort of attack on Iran, could the President ignore them and order Bombs to be dropped on Iran?
Alito refused to say such a Presidential Act would be a crime against our constitutional democracy. For him, it was just another Open Question.
The notion that the 1973 war powers act (which was passed by Congress and can be revoked or radically altered by them) empowers the President to IGNORE subsequent acts/resolutions of Congress is INSANE. You don't even need to have ever heard of the war powers act to know that absolute power like that is NEVER freely given to a leader; it is only taken by force.
Contrary to what the Fascists would have you believe, the three branches of Government DO NOT share power equally.
The balance of powers FAVORS Congress. When we established our Constitution for the United States of America, we yielded NONE of our Sovereignty to ANY institution we created, but we did vest more power in Congress than the Judiciary or the Executive. As OUR VOICE it is only right that Congress has more power. How do we know we gave Congress more power? Simple. We gave Congress the Power to Impeach the President and members of the Judiciary. (The President and the Judiciary Can’t Impeach Congress).
Of course, it is possible for the laws we pass to address specific problems to conflict with the tenets of our Constitution. We have given the power to resolve those conflicts to the Judiciary, but that power can never TRUMP trump Congressional Action. The Court is simply serving as an institution that insures the laws WE establish are consistent with the guiding principles WE establish. They are not TRUMPING our will, they are ensuring that -- as we strive for a more perfect union -- our laws are the most accurate reflection of our will that can be acheived in an imperfect world.
Alito is emblematic of unlimited executive power. The fight against Alito is our Normandy in the campaign to drive out the Bush regime and the ever-expanding dictatorial powers they claim.
If the Democratic Senators who best represent us do not stand and fight, it won't just be another blow to their self-esteem and further proof of the "weak Democrat" image, if they don't fight against the fascists, they become complicit with them.
Note: Some of the above was pulled from a discussion from yesterday. If you're interested, here it is:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x146536