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View Diary: Senate sets up veto fight with White House over vote on defense (65 comments)

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  •  i was speaking in more general terms (0+ / 0-)

    as the issue of "unitary executive" goes beyond war on terror questions.  i tend to agree with your point, but that doesn't need an overarching theory of executive/legislative relations to be true.  This is the one area where delegation of authority is explicit, and says utterly nothing about whether Congress can assign itself executive functions or whether the CiC power is so broad that it eats into powers delegated to Congress in Article I.  And even if there were some room for disagreement, this is one area where I'd personally favor resolving the question in favor of greater discretion to the executive, as Congress has shown itself to be cumbersome and interested in pandering to the lowest common denominator, while this administration has shown itself to being capable of reason from time to time.  

    the more interesting question would be on a bill that specified which individuals the POTUS could NOT designate as an enemy combattant, which probably would require a broader philosophical discussion.  I'd tend to think that Congress has some power to limit the designation but not to take it away entirely.

    "This world demands the qualities of youth: not a time of life but a state of mind[.]" -- Robert F. Kennedy

    by Loge on Tue Nov 29, 2011 at 02:43:04 PM PST

    [ Parent ]

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