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Executive Power Run Amok - by John Yoo
John Yoo, a law professor at the University of California at Berkeley and a scholar at the American Enterprise Institute, is the author of Crisis and Command: A History of Executive Power From George Washington to George W. Bush.Berkeley, Calif. Faced with President Trumps executive orders suspending immigration from several Muslim nations and ordering the building of a border wall, and his threats to terminate the North American Free Trade Agreement, even Alexander Hamilton, our nations most ardent proponent of executive power, would be worried by now.
Article II of the Constitution vests the president with the executive power, but does not define it. Most of the Constitution instead limits that power, as with the presidents duty to take care that the laws are faithfully executed, or divides that power with Congress, as with making treaties or appointing Supreme Court justices.
Hamilton argued that good government and energy in the executive went hand in hand. In The Federalist No. 70, he wrote that the framers, to encourage decision, activity, secrecy and dispatch, entrusted the executive power in a unified branch headed by a single person, the president.
Many of Hamiltons intellectual admirers today endorse the theory of the unitary executive, which holds that the Constitution grants the president all of the remaining executive powers that existed at the time of the founding. These include the powers to conduct foreign affairs, protect the national security, interpret and execute the law and manage all lower-level federal officers.
As an official in the Justice Department, I followed in Hamiltons footsteps, advising that President George W. Bush could take vigorous, perhaps extreme, measures to protect the nation after the Sept. 11 attacks, including invading Afghanistan, opening the Guantánamo detention center and conducting military trials and enhanced interrogation of terrorist leaders. Likewise, I supported President Barack Obama when he drew on this source of constitutional power for drone attacks and foreign electronic surveillance.
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https://www.nytimes.com/2017/02/06/opinion/executive-power-run-amok.html?emc=edit_th_20170206&nl=todaysheadlines&nlid=57435284
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Executive Power Run Amok - by John Yoo (Original Post)
DonViejo
Feb 2017
OP
Skittles
(153,223 posts)1. is this the pro-torture Dubya pimp?
fuck him
dalton99a
(81,636 posts)2. Go jump in a lake, John Yoo.