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View Diary: Don't Let Mitt Romney Thwart Obama's Agenda (176 comments)

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  •  Well ... (0+ / 0-)

    ... one can claim that "may empower" means "may give him the power," and that "as the legislature may direct" only modifies the setting of an election.

    •  Doesn't that clause essentially give a blank chec (0+ / 0-)

      I mean, it's not the Commerce Clause, but "as the legislature may direct" looks very open-ended.

      They tortured people to get false confessions to fraudulently justify our invading Iraq.

      by Ponder Stibbons on Thu Aug 20, 2009 at 08:26:01 AM PDT

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      •  Read the whole clause (0+ / 0-)

        [T]he legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

        You can see how it's unclear how much of the sentence "as the legislature may direct" modifies.  Read the Vik Amar piece I linked to above.

        •  It's only a problem... (0+ / 0-)

          ...if you have a "unitary executive" notion of executive-branch power, as somehow absolute unless it's specifically limited.

          In my understanding, the basic framework of our constitution is the opposite: power comes from the people and is granted to various bits of our government(s).

          Policies that were wrong under George W. Bush are no less wrong because Barack Obama is in the White House. - Bob Herbert

          by GreenSooner on Thu Aug 20, 2009 at 08:31:26 AM PDT

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        •  Oh, yeah, I see your point. (0+ / 0-)

          That is vague.

          (Wow, somebody conceded an argument on the Internet. Alert the media! :P)

          They tortured people to get false confessions to fraudulently justify our invading Iraq.

          by Ponder Stibbons on Thu Aug 20, 2009 at 08:42:05 AM PDT

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