Tuesday, December 20, 2005

Talking Points Memo: Constitutional Questions

Josh has some great insights on the current Constitutional crisis... get started here then go read: "William Kristol and Gary Schmitt have a column in today's Washington Post that advances a simple premise: the president 'uniquely swears an oath -- prescribed in the Constitution -- to preserve, protect and defend the Constitution.' While Congress legislates for the 'in general', the president is the one who must face particular crises, ones whose dimensions, dangers and particularities legislators could not have foreseen. This mix of responsibility and authority gives the president the unique and awesome power to set aside Congress's laws in the over-riding interest of securing the nation.

This is a doctrine fraught with danger in a constitutional republic. But it is not a new theory and it is not without some merit."


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