Saturday, December 31, 2005
For Thine is the ... Power and the Glory
Gonzales and Hayden are too modest. They argue only that the September 14, 2001 Authorization for the Use of Force by Congress gave Bush the power to spy on U.S. citizens without a warrant. What they do not argue, because the Bush Administration is so meek and deferential, is that the Foreign Intelligence Surveillance Act of 1978 is unconstitutional. Any Act of Congress which infringes on the awesome power of the President as Commander-in-Chief is an unconstitutional violation of the separation of powers. What they also do not say, because they are such shrinking violets, is that the awesome President, due to his plenary authority as Commander-in-Chief, already has the inherent power to spy on U.S. citizens without a warrant, provided he says it's because of a foreign threat.
As regular readers of Andromeda know, Spiderman got his powers from a radioactive spider. The Fantastic Four got theirs from cosmic radiation. Wonderful radiation also gave superpowers to Doctor Octopus, Sandman, and many many more. But where does the President get his awesome powers? From the Constitution, of course! Probably, it was radioactive. So let's look at the Constitution and see where all those really cool powers are.
First, as the most important branch of government, the Executive Branch is listed first in the Constitution. Well, close to first. Right after the weak, puny Congress. Anyway, it can definitely kick sand in the face of that stupid Judiciary Branch. Unless the Judiciary Branch is bitten by a radioactive something.
Second, it is the President's tremendous military power which is so amazing. Naturally, the basic decision of whether or not to declare war is his and his alone. Except to the extent Congress already has that power. Which it does.
But the power to merely "declare" something, who really cares about that? It's the power to "punish ... Offenses against the Law of Nations" that really matters. Hmmm, that's Congress, too. But certainly it would be unquestionably wrong for the Congress to meddle around in the President's indisputable authority to set the "Rules concerning Captures on Land and Water"? No kidding, that's Congress, too. But how can a Commander-in-Chief be a commander-in-chief unless he at least has the right to set his own "rules for the government and regulation of the land and naval forces." Come on, that can't be a congressional power!
Well, that's fine, but it's the "executive"power which completely belongs to the President. So who calls forth the militia to EXECUTE the laws of the union? Yeah, yeah, that's right, it's the ... Congress? Then who calls the militia to "repel invasions"? That has to be the Prez -- foreign anything is his. No?
But the President is Commander-in-Chief, so he MUST be allowed to "organize" the militia. No? Arming them? No? Disciplining troops is a core authority of a commander -- that must be his and his alone. "Discipling the Militia" is Article I, Section 8, as well?
OK, OK, now hold on a second. Article II, Section II, gives the President the title "Commander in Chief," just as Article II, Section I, gives the President the executive power of the government. Well, obviously, the Congress could do nothing whatsoever that would infringe in any way on his executive power. Like passing laws telling him what to do.
But wait, they do that all the time. As the "executive," he merely executes the laws the Congress passes. The Congress gets to just tell him what to do.
But if his role as Commander-in-Chief is like his role as "Executive in Chief," then Congress could freely pass laws which tie the President's hands in punishing offenses against the law of nations, which completely constrain him concerning captures on land and water, which entirely box him in through government and regulation of the land and naval forces, etc. This would make him more like the "nation's top general," still having to go back to Congress for such daily military matters as permission to enter into a prisoner exchange.
Certainly, no one would think the drafters of the Constitution thought of George Washington that way, when he was called "Commander in Chief" during the American Revolution. Strangely, though, even he didn't think he had the authority to grant a simple furlough.
As regular readers of Andromeda know, Spiderman got his powers from a radioactive spider. The Fantastic Four got theirs from cosmic radiation. Wonderful radiation also gave superpowers to Doctor Octopus, Sandman, and many many more. But where does the President get his awesome powers? From the Constitution, of course! Probably, it was radioactive. So let's look at the Constitution and see where all those really cool powers are.
First, as the most important branch of government, the Executive Branch is listed first in the Constitution. Well, close to first. Right after the weak, puny Congress. Anyway, it can definitely kick sand in the face of that stupid Judiciary Branch. Unless the Judiciary Branch is bitten by a radioactive something.
Second, it is the President's tremendous military power which is so amazing. Naturally, the basic decision of whether or not to declare war is his and his alone. Except to the extent Congress already has that power. Which it does.
But the power to merely "declare" something, who really cares about that? It's the power to "punish ... Offenses against the Law of Nations" that really matters. Hmmm, that's Congress, too. But certainly it would be unquestionably wrong for the Congress to meddle around in the President's indisputable authority to set the "Rules concerning Captures on Land and Water"? No kidding, that's Congress, too. But how can a Commander-in-Chief be a commander-in-chief unless he at least has the right to set his own "rules for the government and regulation of the land and naval forces." Come on, that can't be a congressional power!
Well, that's fine, but it's the "executive"power which completely belongs to the President. So who calls forth the militia to EXECUTE the laws of the union? Yeah, yeah, that's right, it's the ... Congress? Then who calls the militia to "repel invasions"? That has to be the Prez -- foreign anything is his. No?
But the President is Commander-in-Chief, so he MUST be allowed to "organize" the militia. No? Arming them? No? Disciplining troops is a core authority of a commander -- that must be his and his alone. "Discipling the Militia" is Article I, Section 8, as well?
OK, OK, now hold on a second. Article II, Section II, gives the President the title "Commander in Chief," just as Article II, Section I, gives the President the executive power of the government. Well, obviously, the Congress could do nothing whatsoever that would infringe in any way on his executive power. Like passing laws telling him what to do.
But wait, they do that all the time. As the "executive," he merely executes the laws the Congress passes. The Congress gets to just tell him what to do.
But if his role as Commander-in-Chief is like his role as "Executive in Chief," then Congress could freely pass laws which tie the President's hands in punishing offenses against the law of nations, which completely constrain him concerning captures on land and water, which entirely box him in through government and regulation of the land and naval forces, etc. This would make him more like the "nation's top general," still having to go back to Congress for such daily military matters as permission to enter into a prisoner exchange.
Certainly, no one would think the drafters of the Constitution thought of George Washington that way, when he was called "Commander in Chief" during the American Revolution. Strangely, though, even he didn't think he had the authority to grant a simple furlough.
"I do not conceive myself at liberty to grant his request, without the permission of Congress."
Friday, December 30, 2005
FUI
Well, we picked up our first FUI. Mind you, it's not the first time we've flown the space ship drunk, it's just the first time it was illegal. Things got a little slack around here a couple of months ago, so we picked up a subcontract running probees. But they're doing it out on Titan now. That's the other side of the asteroid belt. The freaking asteroid belt! Would you FTL through that sober?
Tuesday, December 27, 2005
Ahmad Chalabi -- Banking Genius, WMD Genius, Electoral Genius
Why, oh, why must the leftie blogs be so harsh toward Ahmad Chalabi? Josh Marshall, Daily Kos, Atrios, and more, all mock him mercilessly, just because the U.S. held him out as Iraq's savior and yet, so far, he doesn't even get a seat in the new Parliament. But do they point out he was convicted in absentia for bank fraud in Jordan? Of course not! Nor do they note he revealed top secrets to Iran! That's right, he's a spy for Iraq's sometime enemy, Iran, and he defrauded citizens of Iraq's other neighbor, Jordan, and he STILL got 0.89%! Why is this not lauded as a stupendous achievement?
Friday, December 23, 2005
U.S. to Attack Iran From Turkey
Udo Ulfkotte says the U.S. has been given a "green light" to attack Iran next year from bases in Turkey. Der Spiegel has its doubts about the reliability of the report. But Andromeda has obtained the following DOD press release:
FOR IMMEDIATE RELEASE: Numerous U.S. news organizations have been mis-reporting the Secretary of Defense's comments about troop levels in Iraq. All he ever said was troops in Iraq would be reduced. He did not say, "The troops are coming home," as has been inaccurately reported.
Thursday, December 22, 2005
Rockefeller's Diary
We here at Andromeda have heard many condemn Sen. Rockefeller for his general fecklessness as the senior Democrat on the Senate Intelligence Committee, for his weakness in negotiating with Sen. Roberts on post-9-11 inquiries, and now a general wimpiness in writing a mild mealy-mouthed letter (pdf) to Vice President Cheney after learning of illegal spying. But we have obtained a copy of his personal diary and so we know what kind of fella this "rock" is.
Hopefully, that will end all those snide comments about whether a sock puppet would be as good as Sen. Rockefeller on the Intelligence Committee.
July 17, 2003 Dear Diary,
I just had my first big intelligence meeting on the Intelligence Committee! It was very exciting! But I don't think Dick Cheney liked me very much. [frowny face picture] Pat Roberts has been really nice, though, and I would tell no one this but you, Diary, and don't you dare tell anyone, but -- I think he LIKES me! While we were talking to Dick Cheney, Pat put his hand directly on my shoulder. I turned to look at his hand, and he looked right back at me! He just kept looking! I nearly passed out. His beady little eyes are just so DREAMY!
Anyway, Diary, Dick Cheney said something about spying on people, I didn't quite catch who. I wrote him a letter in case he is doing something wrong, and I showed it to Pat and he made me change it. I had to re-write the whole letter right in front of him -- and he took both copies with him. He said he would give one to Dick Cheney and he would put one in the Intelligence Committee safe. He said he would give me the combination soon, he just wasn't sure I was ready for it yet.
July 18, 2003 Dear Diary,
Dick Cheney is so MEAN! I told him I had to write the letter, because of my constituents and the constitution and stuff and he just got madder and madder. I was going to tell him Pat told me what to write, but I didn't want Pat made at me, too. I told Dick I was sorry, but he said I would have to say sorry to all the people killed on 9-11.
July 19, 2003 Dear Diary,
Pat did not talk to me at ALL today. I wonder what is going on?
Hopefully, that will end all those snide comments about whether a sock puppet would be as good as Sen. Rockefeller on the Intelligence Committee.
Battlefront Report
The reek of blood and candy canes wafted toward me and jolted me awake. With dead eyes, I scanned the field, spotted a red hat bobbing along the trench opposite, and thought of taking a shot. Just then, next to me, Smitty fired his rocket-propelled-Nietzsche. Beyond Good and Evil sailed across the battlefield, and fell harmlessly short. A chorus of "Ho, ho, ho"s rose up from the enemy's side. Damn Smitty, for wasting the ammo. Never trust an agnostic, I said to myself, for the ten thousandth time of the war. But I knew, we atheists weren't much in the clinch either.
On my left, Jones' corpse gave off a rich cedar smell -- the tree had gone straight through him as he climbed out of the trench for our last charge. The tinsel dangled from his gaping wound, the dull sparkle tantalizing me with thoughts of desertion. "FWOOMP!" -- the familiar, yet always frightening, sound concentrated my mind. "Incoming!" I shouted just as fruitcake mortar round came in. What used to be Smitty disintegrated before my eyes -- gone to meet his Maker, or not.
The fruitcake mortaring meant another charge, I peered over the sandbags and saw the row of jolly red-and-white suits pouring out of their trenches. Our Kwanzaa unit scrambled out of their forward foxholes, the Hannukah and Ramadan launched a coordinated flanking attack, leaving the Atheists, Agnostics, Buddhists, and Hindus to hold the center. I shouted "Happy Holidays!" to rally our forces, but they were too worn out to move. Suddenly, we heard the Festivus horns, reinforcements at last! We sprang forward and charged with fixed First-Amendments directly at their reindeer cavalry. The sound of "Jingle Bells" seemed to come from all sides.
On my left, Jones' corpse gave off a rich cedar smell -- the tree had gone straight through him as he climbed out of the trench for our last charge. The tinsel dangled from his gaping wound, the dull sparkle tantalizing me with thoughts of desertion. "FWOOMP!" -- the familiar, yet always frightening, sound concentrated my mind. "Incoming!" I shouted just as fruitcake mortar round came in. What used to be Smitty disintegrated before my eyes -- gone to meet his Maker, or not.
The fruitcake mortaring meant another charge, I peered over the sandbags and saw the row of jolly red-and-white suits pouring out of their trenches. Our Kwanzaa unit scrambled out of their forward foxholes, the Hannukah and Ramadan launched a coordinated flanking attack, leaving the Atheists, Agnostics, Buddhists, and Hindus to hold the center. I shouted "Happy Holidays!" to rally our forces, but they were too worn out to move. Suddenly, we heard the Festivus horns, reinforcements at last! We sprang forward and charged with fixed First-Amendments directly at their reindeer cavalry. The sound of "Jingle Bells" seemed to come from all sides.
