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View Diary: Thank You for Helping To Stop Alito (Reposted) (226 comments)

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  •  Crystal, a suggestion for the good Senator (4.00)
    Regarding the "unitary executive" advanced by Alito, Roberts, Gonzales, Miers, et al. :

    Much of the administration's justification for extrajudicial and extra-Congressional oversight has been the authority that the Commander in Chief has over the Army and the Navy.

    If we take them at their own logic, does not Posse Comitatus prevent the Commander in Chief from using that power on American soil?

    In other words, by the terms of their own justification, they are still forbidden to monitor American calls or  perform any other acts domestically that would break the checks and balances.

    In fact, their justification STRENGTHENS the argument that they have broken the law, when Posse Comitatus is considered, as they have made it a military act on American soil.  Uses of the National Guard to keep the peace during Civil Rights Demonstrations (from Eisenhower to Johnson) were allowed, because they were not military actions.  Nixon's use of the Guard at Kent State was a no-no.

    Bush floated the idea of a Posse Comitatus violation during the Republican National Convention in NYC, but the NYPD objected to the influx of so many Guardsmen and soldiers to "assist" them, and Mayor Bloomberg got the number sharply reduced.  And even that would have been peacekeeping rather than military use (ostensibly).

    Now he is openly and proudly violating it.  In fact, his violation is his justification for flouting the larger Constitutional issues.

    Call him on it, and see what happens.

    •  And inform Byrd of that argument, too! (none)
      Otherwise, Byrd might as well use that copy of the Constitution he carries around for toilet paper, because it won't be good for much else if he lets Alito get in!

      So a filibuster is to be used only in extraordinary circumstances, eh?  Picking someone who will dictate America's course for the next two hundred years is extraordinary!

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