Friday, August 18, 2006

There are no hereditary kings in America

Judge Anna Diggs TaylorJudge Anna Diggs Taylor has delivered a spectacular slap to John Yoo and his friends who furnished Bush with the "unitary executive" legal theories intended to bypass Congress and the courts (thanks, Tristan!):

"The Government appears to argue here that, pursuant to the penumbra of Constitutional language in Article II, and particularly because the President is designated Commander in Chief of the Army and Navy, he has been granted the inherent power to violate not only the laws of the Congress but the First and Fourth Amendments of the Constitution, itself.

We must first note that the Office of the Chief Executive has itself been created, with its powers, by the Constitution. There are no hereditary Kings in America and no power not created by the Constitution. So all "inherent power" must derive from that Constitution."

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