One of the weaknesses we as progresses need to overcome in order to win the argument that what Bush is doing is not only wrong but unconstitutional is to update our language .
We need to make the argument that conservatives don't really believe in strictly constructing the constitution. If we ask how Bush's war powers follow a strict construction of the constitution conservatives fall flat on their faces. One of the ways to beat a political opponent is to use their words against them to show that they don't really believe in what they say they do.
What progressives need to do is start to argue that Conservatives have abandoned strictly interpreting the constitution when it serves their purposes. Yes in the short term this will not win election, but it will start to undermine one of the intellectual underpinnings of modern conservatism.
One of the weaknesses we as progresses need to overcome in order to win the argument that what Bush is doing is not only wrong but unconstitutional is to update our language .
We need to make the argument that conservatives don't really believe in strictly constructing the constitution. If we ask how Bush's war powers follow a strict construction of the constitution conservatives fall flat on their faces. One of the ways to beat a political opponent is to use their words against them to show that they don't really believe in what they say they do.
What progressives need to do is start to argue that Conservatives have abandoned strictly interpeting the constitutioon when it serves their purposes. Yes in the short term this will not win election, but it will start to undermine one of the intellectual underpinnings of modern conservatism.
Article 1, Section 8 of the United States Constitution states, in part, that the Congress will have the power:
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To make Rules for the Government and Regulation of the land and naval Forces;
IF Terrorist are considered by Bush to be criminals breaking the "Law of Nations" (international law), well then CONGRESS has the authority to "define and punish them". So what Bush is doing in GITMO needs congressional authority.
If terrorist are considered by Bush, to be enemy combatants captured on the battlefield, well CONGRESS has the authority the to "make rules concerning captures on land and water". Once again Congress has the power in this case.
Bush has NO authority to order the military to disobey congressional rules on interrogation and torture because CONGRESS has the authority to " To make Rules for the Government and Regulation of the land and naval Forces;".
What Conservatives falsely argue is that Liberal want to give terrorist who are not US citizens constitutional rights. WRONG, we want Bush to have to OBEY the constitution, and follow his belief in strict constructionism. What progressives need to do is start to argue that Conservatives have abandoned strictly interpreting the constitution when it serves their purposes. Yes in the short term this will not win election, but it will start to undermine one of the intellectual underpinnings of modern conservatism.