Thursday, February 15, 2007

81 - Cons Try To Con Us About Con Law: Bush/Cheney Claim About Unfettered Presidential War Powers Is Totally Bogus

Today we're going to discuss the phony claim by George Bush and Dick Cheney that Bush has unfettered power to wage war in Iraq -- and one assumes elsewhere -- as he sees fit. Congressional oversight? Surely you jest.

In law school you usually take at least a beginning course in constitutional law. The subject is often referred to as con law. The situation with Bush and Cheney thus can be described as cons trying to con us about con law.

You'll hear my first ever interview of a right-winger, a fairly prominent commentator. On this topic, it's a friendly conversation. Intrigued?

The bottom line is, war powers are subject to the same balance of power between the branches as everything else in the Constitution.

The Constitution’s drafters were intent on balancing power so no one branch could drift toward despotism. The system of checks and balances that runs through the document divides the war power between the president and Congress.

We'll establish the ironclad validity of this proposition by examining 4 areas:

1. the text of the Constitution
2. the intent of the founding fathers
3. Supreme Court decisions, and
4. historical precedent

Listen to the podcast for the details.

(PS: Right-wingers, if you want to write in to me, fine, but at least do me the courtesy of listening to the podcast first. Please don't respond just on the basis of the brief written summary above. Thanks!)

Jack Clark 3:30 PM [+]
Post #117152205881535306