The larger issues raised by Savage and Goldsmith are how we govern ourselves as a people. The Bush-Cheney team has been insisting that in time of war the Constitution and common sense tell us that the president must be entrusted with the power to protect the nation as he and he alone sees fit; neither the Congress nor international treaties agreed to by the United States should bind him. The administration has a legitimate point that the president and his team must be able to act quickly and forcefully in the face of threats. But in its zeal, as Savage and Goldsmith argue, it has been defying the Founders' express desire for checks and balances. As much as Madison and Hamilton wanted an effective executive, they also wanted to avoid an autocratic president. Down that road, as they saw, is a loss of liberty, so they invented instead, as Richard Neustadt observed, a system of "separated institutions sharing powers." If there were any remaining question, Justice Sandra Day O'Connor surely provided the answer in the Supreme Court's decision of 2004 in the Hamdi v. Rumsfeld case: "A state of war is not a blank check for the president."
James Fishback: Scandals And Controversies
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Scandals and controversies involving Florida gubernatorial candidate James
Fishback. School District Cut Ties With Fishback. “One of Florida’s largest
scho...
The Southwest Airlines Debacle
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A good technical explanation and a refreshing suggestion: that the remedy
is removing the liability shield and allowing the threat of serious
financial con...
[12+] Dance Moms Abby
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Created by Collins Avenue Productions the show follows the training and
careers of children in dance and show business under the tutelage of Abby
Lee Mil...
Broken Links Corrected
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I did a design theme update to the site, so it looks a bit different these
days. There will be some more tweaks as I customize the theme a bit more,
but it...
Bank accounts
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They're where the money is. Right? Today we want to compare a couple of
public accounts and the relationship between them. One is Indianapolis
public schoo...
Let Bannon and Trump talk. We’ll report.
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*When a top White House* aide called *The New York Times* on Wednesday to
offer up the sort of cartoonish, press-hating invective that has
characterized Pr...
The Real Motivation of the Pain Caucus
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Above: Publication Appearing in 3 Weeks At Your Dentist’s Office Insults
Your Intelligence Time Magazine made the smart decision to put its dumb
cover stor...
How did Wisconsin become a cesspool?
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Well, there's "Anything Goes" with the judges. These writings have
far-reaching implications, not just for the John Doe investigation
underlying the instan...
The Return!
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Stay tuned...what was once Indy's Painfully Objective Political Analysis
(iPOPA) is undergoing a transformation, but it will be back soon!
This blog has moved
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Trouble with the CIB
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Well folks your friendly neighborhood Capitol Improvement Board
("CIB")needs some help.
You might recall that the CIB is the quasi-government agency that r...
Dartmouth Law Journal calling for papers
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The Dartmouth Law Journal (DLJ) is a scholarly law review published three
times a year by undergraduate students under the auspices of the
Rockefeller Cent...