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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?

To: JohnM who wrote (49443)	6/8/2004 7:52:15 PM
From: Lane3	Read Replies (1) \| Respond to of 793623

<<But there is no power inherent in the president simply to set aside the law.>> Doesn't the president effectively set aside laws whenever he pardons?

To: JohnM who wrote (49443)	6/8/2004 9:30:21 PM
From: jlallen	Respond to of 793623

That claim alone should stop everyone in their tracks and prompt a serious consideration of the safety of the American republic under this president. It is the very definition of a constitutional monarchy, let alone a constitutional republic, that the law is superior to the executive, not the other way around. This is the essence of what the rule of law means -- a government of laws, not men, and all that. Well, of course the quaint notion that "we are a nation of laws, not men" was set aside during the Clinton years...but apparently is now in vogue again......frankly, however, I can't see what all the flap is about....a position paper is just that...a piece of paper.....what exactly has Bush done about adopting the positions set forth in the paper....my guess is......nothing.....

To: JohnM who wrote (49443)	6/9/2004 12:53:54 AM
From: Nadine Carroll	Read Replies (1) \| Respond to of 793623

But there is no power inherent in the president simply to set aside the law So Lincoln should have been impeached when he suspended habeas corpus during the Civil War? Josh Marshall's argument is grounded in feeling, not history or legal fact. The President as commander in chief does have a wide latitude to suspend laws for national security reasons. For example, if the United States were invaded, he could declare the invaded area as being under martial law - which suspends the Constitution for those areas. The check on the President's power is Congress' power of impeachment.