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View Diary: A Little Bit of Monarchy (79 comments)

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  •  Fantasies of an Imperial Presidency (none)
    are just that? Boy, he sure has the art of understatement down to a science.

    Come now. That should be his lead. Instead he writes "illegal but Constitutional."

    Guess what? John Yoo agrees with him.

    The SCOTUS is extraordinary.

    by Armando on Tue Dec 20, 2005 at 10:49:55 PM PST

    [ Parent ]

    •  Basic constitutional writing style (none)
      Kerr used a typical legal writing style. Address the constitutional provisions separate from the statutory provisions.  Many people on DailyKos say "Bush clearly violated the 4th, since the 4th requires warrants for a search."  That's a false argument, and Kerr dispatches it.  Kerr then goes on to quite openly say that Bush nevertheless violated FISA.  

      Real lawyers always distinguish between Constitutional provisions and statutory provisions, regardless of whether the statutes are enacted pursuant to the Constitution.  Do you place the same weight on regulations as you would on statutes, merely because a regulation is promulgated pursuant to statute? Kerr is not an apologist for Bush on this matter, and your characterization to the contrary is flatly disingenuous.

      After your insightful initial posts on the spying issue, I thought you were actually going to discuss this matter as a lawyer.  But you've reverted to the same old name calling.

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