Article II and Amendment 4 of the U.S. Constitution vs. the extraordinary claims of George Bush

are we clear now on why bush nominated mcconnell to replace negroponte...?

Senior Bush administration officials said Tuesday that they believe the president still has the constitutional authority to continue his domestic wiretapping program without first seeking court approval.

"Senior U.S. administration officials have told the U.S. Congress that they could not promise that the Bush administration would fulfill its January pledge to continue to seek warrants from a secret court for a domestic wiretapping program," reports the International Herald Tribune.

In January, the administration agreed to seek court-approved warrants for all wiretaps of US citizens and other living inside the US.

But during a Tuesday hearing of the Senate Intelligence Committee, Michael McConnell, the director of national intelligence, told Senator Russ Feingold (D-WI), that he could not promise that Bush would always seek warrants for domestic wiretaps.

"Sir, the president's authority under Article II is in the Constitution," McConnell said. "So if the president chose to exercise Article II authority, that would be the president's call."

what mr. mcconnell is saying, in effect, is that the president has chosen to interpret the united states constitution in a manner that suits his purposes... we are way, way past due to have this constitutional interpretation put to the test... the sooner we resolve this constitutional question and face up to the constitutional crisis our country has been experiencing since the coup d'etat was installed by the 12 december 2000 scotus decision, the sooner we can get on with our lives...

The United States Constitution

Article. II. - The Executive Branch

Section 1 - The President

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice-President chosen for the same Term, be elected...

[...]

Section 2 - Civilian Power over Military, Cabinet, Pardon Power, Appointments

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

article II does not make mention of the president's authority to undertake warrantless domestic spying activities... however, amendment 4 to the constitution definitely does, and not in its favor...

Amendment 4 - Search and Seizure. Ratified 12/15/1791.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

can we please get this settled...? like tomorrow...?

meanwhile, let's not forget article II, section 4...

Section 4 - Disqualification

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Submit To Propeller
Tweet