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And, yes, I DO take it personally: I'm with Kagro X... Article I is dead so let's have a funeral...
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Tuesday, October 16, 2007

I'm with Kagro X... Article I is dead so let's have a funeral...

we are so screwed, and anybody that thinks congress is going to do a goddam thing to protect and preserve our constitution is smoking some high quality shit...
Three telecommunications companies have declined to tell Congress whether they gave U.S. intelligence agencies access to Americans' phone and computer records without court orders, citing White House objections and national security.

Director of National Intelligence Mike McConnell "formally invoked the state secrets privilege to prevent AT&T from either confirming or denying" any details about intelligence programs, AT&T general counsel Wayne Watts wrote in a letter to the House Energy and Commerce Committee.

Qwest and Verizon also declined to answer, saying the federal government has prohibited them from providing information, discussing or referring to any classified intelligence activities.

"Our company essentially finds itself caught in the middle of an oversight dispute between the Congress and the executive relating to government surveillance activities," Watts wrote.

The White House declined to comment on the matter Monday.

kagro x at daily kos, in full...
Did you catch that?

Three telecommunications companies have declined to tell Congress. Citing White House objections.

First, the White House says it can use executive privilege to prevent former employees from testifying before Congress. (And Congress does nothing.)

Now, the White House says it can use the state secrets privilege (normally something invoked in the courts, not in Congress) to prevent corporations from testifying before Congress.

Any guesses on what Congress will do with this one?

Note, too, that the companies say "the federal government" has prohibited them from providing this information.

Has Congress removed itself from "the federal government" since we last checked?

Congress now demands the right to inform itself about the subject matter on which it legislates, and the executive branch says no -- and not only no, but that any bill not containing the provisions it demands but will not permit the Congress to inform itself on will be vetoed.

Article I is dead, and the least concerned with the death, astoundingly, is the Article I branch.

just in case you forgot, here's some selected Article I items...
The Constitution of the United States

Article. I. - The Legislative Branch

Section 1 - The Legislature

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section 2 - The House

[...]

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Section 3 - The Senate

[...]

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

[...]

Section 7 - Revenue Bills, Legislative Process, Presidential Veto

All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

[...]

Section 8 - Powers of Congress

[...]

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

[...]

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Section 9 - Limits on Congress

[...]

The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

i think we should have a full-blown funeral with a military honor guard and a 21-gun salute...

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