Bush the Unitarian (Executive)

The Monitor – McAllen, Texas. This article is about the growing use of the term "Unitary Executive" being used by the Bush Administration.  It is short, check it out.  It highlights a disturbing trend.

Most recently, in signing the Defense Appropriations bill that contained the McCain anti-torture amendment, the president proclaimed that "the executive branch shall construe Title X in Division A of the Act, relating to detainees, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power …"

Does that mean, since administration lawyers have argued in the past that the president’s "plenary power" in an emergency includes the right to ignore treaties and acts of Congress, that the president will do whatever he pleases, and the judiciary branch can go whistle, as some have suggested? Not quite, but it’s worth worrying about.


One response to “Bush the Unitarian (Executive)

  1. Was it disturbing when Clinton used uniary power theory signing the Telecommunications Act of 1996 with regard to abortion?

    I do object to the provision in the Act concerning the transmittal of abortion-related speech and information. Current law, 18 U.S.C. 1462, prohibits transmittal of this information by certain means, and the Act would extend that law to cover transmittal by interactive computer services. The Department of Justice has advised me of its long-standing policy that this and related abortion provisions in current law are unconstitutional and will not be enforced because they violate the First Amendment. The Department has reviewed this provision of S. 652 and advises me that it provides no basis for altering that policy. Therefore, the Department will continue to decline to enforce that provision of current law, amended by this legislation, as applied to abortion-related speech.

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