All over but the shouting

There is an excellent speech given by Sheldon Whitehouse in the Senate concerning the President and the Constitution. Senator Whitehouse is the junior Senator from Rhode Island, a state I called home for five years. This speech encapsulates in a few well chosen words where America has allowed itself to be taken in the last seven years. It is not pretty. Senator Whitehouse summarizes three opinions generated by the Office of Legal Council (for the President). These are the only three that Senator Whitehouse has been able to get declassified, so you can imagine what other opinions read.

1. An executive order cannot limit a President. There is no constitutional requirement for a President to issue a new executive order whenever he wishes to depart from the terms of a previous executive order. Rather than violate an executive order, the President has instead modified or waived it.

2. The President, exercising his constitutional authority under Article II, can determine whether an action is a lawful exercise of the President’s authority under Article II.

3. The Department of Justice is bound by the President’s legal determinations.

These three opinions I consider to be completely antithetical to the United States Constitution. They basically obviate it in favor of an imperial Presidency. No wonder so many people are running for that office. Who would not want to be King of America?

I am very impressed by Whitehouse. In fact:

WHITEHOUSE FOR THE WHITEHOUSE!