You are viewing an obsolete version of the DU website which is no longer supported by the Administrators. Visit The New DU.
Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Reply #47: WTF?...so according to Cass Sunstein, * can get away with violating the constitution as long as he [View All]

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU
mod mom Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-26-08 03:57 PM
Response to Original message
47. WTF?...so according to Cass Sunstein, * can get away with violating the constitution as long as he
...so according to Cass Sunstein, * can get away with violating the constitution as long as he says it's his interpretation?

from the article:

Goodman: I recently spoke to Democratic Senator Russ Feingold of Wisconsin, who's been a leading congressional voice against the Bush spy program. This is some of what he had to say.


Sen. Russ Feingold: The President takes the position that under Article II of the Constitution he can ignore the Foreign Intelligence Surveillance Act. We believe that that's absolutely wrong. I have pointed out that I think it is not only against the law, but I think it's a pretty plain impeachable offense that the President created this program, and yet this immunity provision may have the effect not only of giving immunity to the telephone companies, but it may also allow the administration to block legal accountability for this crime, which I believe it is.

Goodman: Cass Sunstein?

Cass Sunstein: Well, there has been a big debate among law professors and within the Supreme Court about the President's adherent authority to wiretap people. And while I agree with Senator Feingold that the President's position is wrong and the Supreme Court has recently, indirectly at least, given a very strong signal that the Supreme Court itself has rejected the Bush position, the idea that it's an impeachable offense to adopt an incorrect interpretation of the President's power, that, I think, is too far-reaching. There are people in the Clinton administration who share Bush's view with respect to foreign surveillance. There are past attorney generals who suggested that the Bush administration position is right. So, I do think the Bush administration is wrong -- let's be very clear on that -- but the notion that it's an impeachable offense seems to me to distort the notion of what an impeachable offense is. That's high crimes and misdemeanors. And an incorrect, even a badly incorrect, interpretation of the law is not impeachable.

-snip
http://www.alternet.org/story/92829?page=2


:mad:
Printer Friendly | Permalink |  | Top
 

Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC