|
The case against Alito
By Nicole Johnson
01/24/06 "Ventura
County Star " -- --
If the Senate accepts President Bush's nomination of Judge
Samuel Alito to the U.S. Supreme Court, our nation will undergo
profound legal changes, resulting in its transformation from a
democratic republic to a corporatist dictatorship. And, once
again, our craven media, which now openly practice a form of
"don't ask don't' tell" journalism, have failed to inform us
about facts and history that, if widely known, would incite
angry opposition.
The media have been silent on the particular pedigree of the
unitary executive theory, a judicial concept that informs
Alito's outlook (as well as the new Chief Justice Roberts') as
it relates to expanding presidential power. While the term has
been mentioned in the media, any coverage of the origin of the
concept itself has been AWOL, giving the false impression that
the philosophy originated out of some innocent, paternal desire
on President Bush's part to protect us. Nothing could be further
from the truth.
The fact is that the unitary executive theory was developed by
Carl Schmitt, the Third Reich's legal expert, to advance the
appearance of a lawful dictatorial takeover of Germany. Arguing
that an exceptional situation, like the Reichstag fire (or 9/11
in our case), gave the executive the right to decide law for
himself, Schmitt's philosophy ushered in a reign of vicious
authoritarianism. Recently, Schmitt's legal theories have been
applied ferociously in signing statements and executive orders
by Bush's legal team to liberate them from quaint restrictions
like international treaties and domestic law.
If Alito gets on the court, he'll uphold the law -- any law that
Bush writes. Senators must realize that to protect our
Constitution, the Bill of Rights, separation of powers, our
system of checks and balances, and even Congress itself from the
neocon's treasonous attack, they must reject Alito.
Copyright Nicole Johnson Email - nickijohnson @ sbcglobal.net
Translate
this page
(In accordance with Title 17
U.S.C. Section 107, this material is distributed without profit to
those who have expressed a prior interest in receiving the
included information for research and educational purposes.
Information Clearing House has no affiliation whatsoever with the
originator of this article nor is Information Clearing House
endorsed or sponsored by the originator.) |
