Stars & Stripes letter: (Spying) Not in the Constitution

[lebkuchen]

There have been a good handful of letters published in Stripes lately opposed to giving unlimited power to the President. Here's one of them, below. Others can be found here: http://www.dailykos.com/story/2005/12/18/45138/421

Not in the Constitution

I take issue with the author of “Spying program necessary,” (letter, Feb. 10) http://www.stripes.com/article.asp?section=125&article=34944.
The claim that Congress’ inquiries into the wire-tapping are “petty politics” is worth ignoring for now.

What confuses and upsets me more is the writer’s claim that “the Constitution does make it clear that a president during wartime can use any reasonable approach or means to protect the American people.”

I am not an expert, but I am having a difficult time locating where that issue is addressed in the Constitution. Were it there, one could reasonably assume it to be in Article II, which deals with the executive branch of government.

Section 2 of Article II deals specifically with powers granted to the executive branch. It establishes the president as commander in chief of the armed forces. A plain-text reading only includes the Army and Navy, but we won’t tell the Air Force. It also establishes the process by which appointments are made, allows the president to implement treaties, and provides for so-called “recess appointments.”

It being safely established that “any reasonable approach or means to protect the American people” is not a constitutionally afforded presidential power, the question remains: Does the president have the right, nonetheless, to take the action he has?

The Ninth Amendment in the Constitution provides that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” This ensures that rights need not be specifically granted. Luckily, and as should be expected in a democracy, the government is not extended the same leeway.

An executive branch that could claim unenumerated powers was arguably the nightmare of the Founding Fathers. On the rebound from a volatile relationship with an overzealous monarchy, this is the last thing the founders would have provided for in the Constitution.

Doug Hageman
Heidelberg, Germany

http://www.estripes.com/article.asp?section=125&article=35080

[Katherine Brengle]

1. great post. n/t

[lebkuchen]

2. Now that Cheney is all but telling us he's God, I thought it was timely.

There are a lot of DoD folk who think Cheney is full of "it."

After 5 years of Bush, we're left with the only one true democracy in the US -- "The Brady Bunch."

[Richard Steele]

3. Recommended.

Keep up the good work, Lebkuchen.
I always enjoy the things you find in Stars & Stripes.

[lebkuchen]

4. Thanks a lot!

Everyone has all other news-bases covered around here, so it's a niche that makes its contribution in a small way. Not to mention, these letters, most of which are written by those affiliated w/the DoD, deserve a wider readership than Stripes can provide. Congress needs to read them.

[Richard Steele]

5. Your contribution is not so small at this end.

Reading the words of military members,
and seeing that so many of them still care
about the rule of LAW;
seeing that they still CARE
about the upholding the Constitution...

It's one of the few 'rays of hope' in these dark days.