[Grovenet] Worth reading . . . .

[jo.david]

Well, at least the memo wasn't intended for public review.  It was  
only intended to authorize government action.  Heaven forbid that the  
public should know what they intended to do.

Even in broad terms, "preserve and defend the Constitution against  
all enemies, foreign and domestic" means to protect the rights  
delineated in the Constitution against violation by government  
agents.  Otherwise, the bad guys win.  They have destroyed what makes  
our government special.

David

On Mar 9, 2009, at 11:41 AM, Bob Browning wrote:

> Constitutional Law
>
> Law Profs Shocked By DOJ Memos About Bush Presidential Powers
>
> Posted Mar 4, 2009, 03:52 pm CDT
> By Martha Neil
>
> Law professors with differing political perspectives agree on one  
> thing after seeing the recently released U.S. Department of Justice  
> legal memos outlining the scope of presidential power during the  
> Bush administration: They went too far.
>
> Written over a several-year period after the Sept. 11, 2001  
> terrorist attacks, the since-countermanded memos created what Jack  
> Balkin of Yale Law School calls a "theory of presidential  
> dictatorship," reports the Chicago Tribune. Because the entire  
> world was considered a battlefield, Bush was determined to have  
> enormous powers in any situation involving the military and an  
> identified enemy.
>
> "I agree with the left on this one," Orin Kerr of George Washington  
> University tells the newspaper. The approach taken by the memos  
> "was simply not a plausible reading of the case law."
>
> Additional coverage:
>
> ABAJournal.com: "DOJ Memo Allowed Free Speech Curbs, Military Force  
> Against US Terrorists"
>
> ABAJournal.com: "John Yoo Says His Memos ‘Were Not for Public  
> Consumption’"
>
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