Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Monday, January 29, 2007

TPM: Discussing Constitutional Issues

Regular readers of this blog know about the constitutional issues: The needed reforms to prevent these abuses of power.

TPM has some discussion on the Constitutional issues; and what to do.

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Each of the listed abuses is a symptom of a failed government: One where checks and balances failed. My views on the key planks for the debate on the Constitution are fundamental:

___ What structural changes are required in the Constitution to prevent the abuse of power from occurring?

I am not convinced that the premise of keeping a strong execute can remain unchallenged. It is the unchallenged premise which Congress, to this day, uses as an excuse not to apply the lessons of Iraq WMD, and hold the President to account for illegal combat operations.

What the Executive branch has or has not provided in the past is irrelevant given the abuses today which remain unchallenged. One cannot credibly argue both sides: That the President must be strong; but that the President must assent to limits. Despite the limits, this President has asserted that he must be strongly above limits.

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Let's presume the President and his legal counsel view the Constitution as a list of rules to avoid. Fine.

Then create new rules which substantially box-them-in to a smaller playground. If Americans refuse to control this Executive, foreign fighters will continue what they're doing -- lawfully defeating him, while relying on Geneva Conventions protections permitting reciprocity, retaliation, and like violations on the Executive branch for unchallenged war crimes.

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Constitutionalism means devising a Constitution that makes it more difficult for abuse of power to occur; and more difficult to permit unconstitutional activity; and more difficult for Congress to do nothing.

Some of the solutions:

1. Clearly establish and legalize the inherent rights of all people to lawfully change the government structure when the system refuses to respond, or assent to the rule of law;

2. Split the Executive into three people: Domestic affairs, foreign affairs, and combat commander;

3. Create a third chamber in the Congress, Consulars, whose sole role is to review the Constitutionality of the issues; [Grants to Consulars the privilege to consult with anyone on or off the record; lobbyists are banned from approaching the Consulars]

4. Ban members of Congress, like judges, from engaging in any official business, unless it is on the record like a courtroom [Strips Senate and House of legislative privilege; all conversations are on the record; lobbyists cannot legally meet with any Member of Congress in the Senate or House unless it is on the record]

5. Create a fourth branch of government that will have exclusive power to investigate, conduct audits, and prosecute crimes, depriving the Domestic Executive of discretion to block investrigations by DoJ OPR, or thwarting US Attorney prosecutions; and lawfully wage war against the President when he refuses to assent to the laws of war; or he illegally uses US government combat forces against We the People.

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This is what the framework for a New Constitution would look like.