Friday, November 23, 2007

Mario Cuomo describes how America has abandoned the rule of law

In a speech given Wednesday before 2,000 of New York's most influential lawyers Mario Cuomo decried "“power seeking presidents” who engage in “efforts to throw off constitutional restraints” through various means." His theme was the abandonment of “Our Lady of the Law.” Firedoglake's Looseheadprop attended the speech and reported on it.

Among other things he discussed were
  • signing statements,
  • “secret White House task forces,”
  • the “unprecedented politicization of the Department of Justice.” and the really big one
  • “the seizing by presidents of the power to declare war.”
Here is loosheadprop's readtion to what appears to be Mario Cuomo's most significant charge in the (well-received) speech:
It was one of those smack yourself on the forehead moments. It’s so obvious now that he has said it. He went into some history involving litigation about the Viet Nam War and pointed out that SCOTUS has never ruled one way or the other whether or not the Korean police action, Viet Nam, Kosovo, etc., etc., etc. are legal or not. SCOTUS has neither condemned nor approved of the president engaging in war absent a Congressional declaration of war.
Cuomo asked if American lawyers could march in America in support of the lawyers and the rule o flaw in Pakistan, why can't they march in America in support of the rule of law here in America?

Editors opinion Of course, what Looseheadprop did not point out is that presently the U.S. Supreme Court has a majority of five Roman Catholic, activists pro-Monarchy and anti-democracy Justices, while the other four are all strong conservatives but generally are less activist and less ready to overthrow the Constitution. The Court abandoned the Constitution when they appointed Bush as President in 2000 in their shameful, toadying and disgusting decision. I'd hate to see those people asked to actually apply the Constitution and rule of law to the issue of whether the President could declare War on his own. That has always been the prerogative of the Monarch under the philosophy of the Divine Right of Kings.

Traditionally conservatives have always preferred rule my Monarchs and Priests, while detesting democracy, legislatures and the rule of law. Our modern American conservatives are no different. Editors opinion

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