Tuesday, January 24, 2006

 

Alito

In fourth grade I was taught that there are three equal branches of government. The Congress passes laws. They make the rules. The judges interpret the laws. They decide if the law is fair. They decide who is right if two people disagree on what a law means. The executive makes sure everyone follows the rules. The president does not get to write laws or decide which laws are constitutional. Signing statements fly in the face of this theory. This theory is all that separates us from a totalitarian regime. If the president can make and interpret laws he is a despot.

Sam Alito believes that one man is above the law. He argues that when Congress passes a bill, the President can change it's meaning with a "signing statement." He argues that the President can fire people in the federal government if they attempt to investigate him or his political allies.

In one signing statement, Congress passed a law that said no person shall be subject to torture by the US government. A despot could decide to pass this law with one addition: "Unless I feel that I need to torture people."

Congress earlier passed a law saying that the President could use force to fight al Qaida. A despot could reason that suppressing dissent in his own country is part of that fight. He would then spy on American politicians, journalists and protestors. Alito argues in favor of these signing statements, saying that a President has the right to change laws passed by Congress.

A long time ago, one President thought he was above the law. He spied on his political enemies in the name of war. He got caught. He then tried to fire people in the Justice department who were running the investigation. People were outraged when Nixon did this. Why is it okay now? John Ashcroft, a near-fascist, right-wing ally of the President was removed from the Justice Department after questioning the legality of the President's spying on Americans. He was replaced by a man who taught us that its legal to torture people without legal counsel or the right to hear the charges against them.

Alito argues that the President has the right to remove anyone in the Executive branch, even the attorney general or a special prosecutor. Imagine if Clinton tried to fire Ken Starr. Luckily some smart Republicans outlawed the use of the special prosecutor before George Bush was accused of anything.

I guess Alito can't hurt us. He's decided that the President doesn't need a court's approval for anything he does. He's decided that the President can change the laws that Congress passes. If Alito joins the court, he can no longer hurt us, only the President can. Even if you trust George Bush, do you trust the next President? How about the next one? Once this power is consolidated, don't expect any president to give it up.


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