Monday, January 09, 2006

There is no law?

Apparently in a debate with Doug Cassel, John Yoo argued there is no law that would prevent the President from torturing a child, even crushing his testicles, if he wished to do so during a time of war. This is of course part of Yoo's argument that as Commander-in-Chief there is nothing the President can't do during wartime. Ignore for the moment that we are not truly at "war," as only Congress can declare war, and consider what the implications of this really are. In our claimed democracy there is supposed to be built in a system of checks and balances. But if the President can set aside any law he wishes, at any time, and for any purpose, what is the point of checks and balances? I'm sorry, but Professor Yoo (how in the hell he ever got a professorship at Berkeley of all places is a mystery to me), is just plain and simply wrong. There is nothing in the Constitution or in American law that says the President could have dictatorial powers in any circumstance. Indeed, this has already been determined by the Supreme Court when Sandra Day O'Conner, writing for the court, said a state of war would not give license to such powers to the President. And, if in our system of checks and balances there is no control over the President, in other countries it must be the same or worse. Thus during wartime there simply is no law, period. This means there is no either local or international law whatsoever. Furthermore, as the argument is that whatever the President does is the law, that also means there is no law. Law is a communal thing. It is something that groups of people have to agree upon. If it is created simply by one person it cannot be a "law." The argument that the President can do whatever he wishes and call it law is simply absurd. No President is above the law. This is not complicated, not difficult to understand. Bush/Cheney's attempt to establish a dictatorial theocracy will simply fail. Unless, of course, the Democrats and the public lets them get away with it. Remember what McCain said when they falsely accused him of fathering a black baby and suggested his mind might have been affected by torture: "politics is not bean bags." This business about Presidental power is definitely not bean bags and you had better be prepared to fight it until it is made clear to Bush/Cheney that they will be lucky to escape long jail terms.

We, the U.S., that is, has stepped up the bombing in Iraq. Today we dropped a bomb on six teenagers and killed them all. Earlier we bombed a house and killed an entire family, father, mother and children. That is bad enough, but what I want to know is why are we bombing them in the first place? What is the point of more or less random bombings? Don't they hate us enough already? I guess the idea is to make it clear we will go ahead with our massive consulate and four permanent bases no matter what they think about it.

Local scene: The local Democrats will have a party and fund raiser on friday, January 20th, at 6:30 in the evening, at the Fairgrounds. Tickets are $10 and will be available at the door as well as from your local representative. Volunteers are needed for setting up and cleaning up. Contact either Linda Langness (267 5680) or Fred at Bear Mechanical (267 5763).

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