Via Kevin Drum... Leonard Weiss and Larry Diamond, two liberal hawks among hawks, issue a dire warning in today's LA Times about this president and his ambitions in Iran:
When Bush signed the Iraq war resolution, he issued a statement challenging the constitutionality of the War Powers Act, indicating that he could take the nation to war without obeying its restrictions. Unfortunately, even if the president were to agree to the act's restrictions, he could still attack Iran and have up to 90 days before being required to get congressional authorization for the attack.
What to do? Congress should not wait. It should hold hearings on Iran before the president orders a bombing attack on its nuclear facilities, or orders or supports a provocative act by the U.S. or an ally designed to get Iran to retaliate, and thus further raise war fever.....The law should be attached to an appropriations bill, making it difficult for the president to veto. If he simply claims that he is not bound by the restriction even if he signs it into law, and then orders an attack on Iran without congressional authorization for it, Congress should file a lawsuit and begin impeachment proceedings.
Kevin is right. These guys are as far away from the fringe left "Free Mumia"-types as you can possibly be and still be called left. Diamond advised Condi Rice, for god's sake. And he is arguing we may need to begin impeachment proceedings in order to check the president.
I'll be honest, I'm so sick of writing about this that at times it is hard to keep doing it. Why? Because I know at times - times like this, perhaps - I sound like I've gone of the deep end. I know at times I sound like I've traded in my winter hats for tinfoil ones. But these aren't my opinions' they are the facts.
So inm y own defense, one more piece of advice. From a post by David Kurtz this past weekend over at TPM, here is the description the VP is using to describe his office in a key government directory know as the "Plum Book."
The Vice Presidency is a unique office that is neither a part of the executive branch nor a part of the legislative branch, but is attached by the Constitution to the latter. The Vice Presidency performs functions in both the legislative branch (see article I, section 3 of the Constitution) and in the executive branch (see article II, and amendments XII and XXV, of the Constitution, and section 106 of title 3 of the United States Code).
This entry, it should be noted, is listed in place of the names and phone numbers of the employees working within the office. Cheney, it seems, believes his office is above the law, accountable to no one, so much so that he isn't even willing to let anyone know who works in the office. We pay their salaries. And yet, in direct violation of federal law, not to mention all of the principles upon which our government was founded, we the people are not even allowed to know who they are.
Even worse, the substance of the entry is bizarre. A constitutional office that is neither in the executive nor the legislative branch, but both? And that, when forced to choose, is attached to the legislative branch, not the executive? Are you kidding me?
Decide for yourself. Let's start with all of the references to the VP in the constitution relating to the legislative branch:
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.
That's it. Now let's move to the sections detailing his connection to the executive. Leaving aside the most obvious one - his title as Vice President, of course:
Article II, Section 1 (as amended by Amendment XII):
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:
The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; -- the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; -- The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. --]* The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.*Superseded by section 3 of the 20th amendment.
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
AMENDMENT XXVPassed by Congress July 6, 1965. Ratified February 10, 1967.
Note: Article II, section 1, of the Constitution was affected by the 25th amendment.
Section 1.
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.Section 2.
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.Section 3.
Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.Section 4.
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
How can any reasonably sentient human being read that to mean that the VP's office is part of the legislative branch.I realize these people subscribe to the "more power is better" philosophy of governance, but really... the VP as part of the legislative branch? Really?
They loved to make fun of Clinton's "it depends what the definition of 'is' is" line? This puts that excuse to shame. It's as if anything not explicitly proscripted or prescripted by the constitution is fair game. As if anything it doesn't say goes. Never mind this:
Amendment IXThe enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
ONce upon a time that amendment was a favorite of conservatives. No longer, apparently.
One last point, for the record...
This isn't about Bush. This isn't about Cheney. This could be president Obama we're talking about and I would say precisely the same things. This is not how our system of government is supposed to work. This is not how we should want our system of government to work. They want a constitutional monarchy. I want a constitutional what we already have, a constitutional republic. And I want it no matter who is president.
Subscribe to this blog's feed
