You are not logged in. Login Now
 0-24   25-49   50-74   75-99   100-124   125-133     
 
Author Message
25 new of 133 responses total.
edina
response 75 of 133: Mark Unseen   Feb 17 21:42 UTC 2006

Oh god...that makes me somewhat lose my lunch.
johnnie
response 76 of 133: Mark Unseen   Feb 17 21:43 UTC 2006

Nah.  1)Being VP for a year wouldn't help one's electoral appeal much;
the confirmation fight would be a bruiser, and it's better anyway to be
out kissing hands and shaking babies.  2)Since when does Cheney kowtow
to the Prez?

tod
response 77 of 133: Mark Unseen   Feb 17 22:26 UTC 2006

Cheney already is President in many regards.  In 2003, GW signed an executive
order making Cheney co-president which thus gave him authority over the same
agencies.  This goes against constitutional mandate that only one person be
the head of the executive branch.  This also gives Cheney to lower or elevate
classification for sensitive data a broad authority.  One big sweeping
stroke..it doesn't matter that he's VP cuz he's got the helm alongside GW.
We only found out about this executive order on Wednesday...
see
http://news.yahoo.com/s/ap/20060216/ap_on_go_pr_wh/cheney_cia_leak
rcurl
response 78 of 133: Mark Unseen   Feb 18 07:31 UTC 2006

That certainly seems unconstitutional. For a strict constructionist the only
power of the vice president is to chair the senate. Even for a loose
constructonist, one can't find anywhere in the constitution the assignment
of presidential powers to the vice president.
tod
response 79 of 133: Mark Unseen   Feb 18 23:03 UTC 2006

Well, it looks like they probably strongarmed the lil GW monkey into signing
over the keys to the kingdom with that 2003 executive order.
rcurl
response 80 of 133: Mark Unseen   Feb 18 23:14 UTC 2006

Can one have an unconstitutional executive order? Seems so....
tod
response 81 of 133: Mark Unseen   Feb 18 23:27 UTC 2006

Yea, you can even have a war without Congressional approval.  Just take a look
at Afghanistan and Iraq.  Welcome to fascist regime central.
bru
response 82 of 133: Mark Unseen   Feb 19 02:47 UTC 2006

It isn't unconstitutional until a court rules it is unconstitutional.  Who
is going to take it to court?  And perhaps it is not unconstitutional?  Has
such an executive order been done before?
mcnally
response 83 of 133: Mark Unseen   Feb 19 03:05 UTC 2006

 re #82:
 >  It isn't unconstitutional until a court rules it is unconstitutional.

 I don't believe for a second that you'd take that attitude regarding 
 a law you were strongly opposed to, such as a gun control law.
tod
response 84 of 133: Mark Unseen   Feb 19 03:59 UTC 2006

re #82
 Who
 is going to take it to court?
Sad but true.  The Congress is a bunch of sheep
marcvh
response 85 of 133: Mark Unseen   Feb 19 04:55 UTC 2006

Bru's position has been considered and explicitly rejected in
jurisprudence.

"The general rule is that an unconstitutional statute, though having the
 form and name of law, is in reality no law, but is wholly void, and
 ineffective for any purpose; since unconstitutionality dates from the
 time of it's enactment, and not merely from the date of the decision so
 branding it."
cyklone
response 86 of 133: Mark Unseen   Feb 19 05:22 UTC 2006

This of course proves once again that bap is not really as interested in 
facts and logic as he has claimed (and will surely claim again in the 
future). Here's a hint bap: Trying to convince us you carefully consider 
an issue sounds a bit hollow in light of your ignorant or deliberate 
misstatements of fact.
bru
response 87 of 133: Mark Unseen   Feb 19 13:03 UTC 2006

That may be true Marc, but a court still has to come out and say "this is
Unconstitutional".  You and I saying it will not make it so.  It is that way
with many laws, and even with many legal actions.

If a police Officer places you under arrest, it is because he believes you
have broken the law.  But it is the Court that decides if you are guilty. 
It is also a court that will determine if it was a legal arrest.

Same with this presidential order.  It was issued because the president
believes he has the authority and the need to make such an order.  It is a
court that will determine if it is constitutional, or if you prefer, it is
up to a court to rule that it is unconstitutional.
sholmes
response 88 of 133: Mark Unseen   Feb 19 15:06 UTC 2006

>> It was issued because the president  believes he has the authority <<<
Hmm i am not sure , but should not he KNOW if he had the authority. If he
THINKS he has the authority , should he just go on and do it ?
marcvh
response 89 of 133: Mark Unseen   Feb 19 17:39 UTC 2006

That's the unfortunate situation with doing things which exceed your
authority, or create the appearance of doing so.  When a legislature
passes an unconstitutional law, or a president signs an illegal
executive order, or a military officer issues an illegal order, or a
policeman gives a civilian an illegal order then the recipient is faced
with conflicting duties.  In general he has a duty to obey orders/laws,
but for this particular one he has a duty to ignore it.  This is not a
good situation for anybody to be in, but the blame rests squarely on the
shoulders of the person who made the illegal order/law.
cross
response 90 of 133: Mark Unseen   Feb 19 19:00 UTC 2006

This response has been erased.

bru
response 91 of 133: Mark Unseen   Feb 19 21:52 UTC 2006

Agreed.  It is either a lawful Constitutional order or it is not.  You and
I may say it is Unconstitutional, but we have no way to enforce our opinion
unless you want to rise up and overthrow the government by force, or, let the
court system handle it.

As I asked, does anybody know if any previous presidents have issued a similar
order?  Is it something they are required to do to facilitate the ligal
transfer of power should the president no longer be able to perform his
duties?

Any Constitutional lawyers present?
cross
response 92 of 133: Mark Unseen   Feb 19 22:56 UTC 2006

This response has been erased.

twenex
response 93 of 133: Mark Unseen   Feb 21 01:17 UTC 2006

  I don't believe for a second that you'd take that attitude regarding
  a law you were strongly opposed to, such as a gun control law.

I don't disagree for a second.
gull
response 94 of 133: Mark Unseen   Feb 23 03:21 UTC 2006

Re resp:72: The federal government will still be able to control the
issue even if abortion law is ostensibly returned to the states.  Even
if attempts to regulate it directly, as is done with drug policy, are
rebuffed by the courts, the government could still threaten to block all
federal funding to states that permit abortion.
klg
response 95 of 133: Mark Unseen   Feb 23 03:24 UTC 2006

Johnny/ie  The way the country currently works, if the US Sup Ct rules
that according to the US constitution the regulation of abortion were a
state matter, then it isn't likely that the US Congress could pass a law
regulating abortions that the US Sup Ct would find constitutional, now,
is there??????


I love it when you folks go nuts over loony conspiracy theories.  It
makes our job of showing your inanity so much easier.
bru
response 96 of 133: Mark Unseen   Feb 23 04:03 UTC 2006

The supreme court ruled today that you can sue the Post Office, can abortion
be far behind
marcvh
response 97 of 133: Mark Unseen   Feb 23 04:33 UTC 2006

What if the Supreme Court upholds the federal law banning partial birth
abortions, and thereby affirms that abortion can be restricted at the 
federal level?
tod
response 98 of 133: Mark Unseen   Feb 23 06:55 UTC 2006

re #96
You mean abortions available at ATMs and online?  AWESOME! *thumbs up*
jep
response 99 of 133: Mark Unseen   Feb 23 13:46 UTC 2006

South Dakota is on the verge of passing a bill to ban almost all 
abortion in the state.  The lone exception is for cases when the 
mother's life is in danger.

Planned Parenthood has promised a lawsuit if the bill is passed and 
signed by the governor.
 0-24   25-49   50-74   75-99   100-124   125-133     
Response Not Possible: You are Not Logged In
 

- Backtalk version 1.3.30 - Copyright 1996-2006, Jan Wolter and Steve Weiss