What is there about this that the president does not understand:
According to Judge Mukasey’s statement, as well as other parts of
his testimony, the president’s authority “to defend the nation” trumps
his obligation to obey the law. Take the federal statute governing
military commissions in Guantánamo Bay. No one, including the
president’s lawyers, argues that this statute is unconstitutional. The
only question is whether the president is required to obey it even if
in his judgment the statute is not the best way “to defend the nation.”
If he is not, we no longer live under the government the founders established.
Under
the American Constitution, federal statutes, not executive decisions in
the name of national security, are “the supreme law of the land.” It’s
that simple. So long as a statute is constitutional, it is binding on
everyone, including the president.
The president has no
supreme, exclusive or trumping authority to “defend the nation.” In
fact, the Constitution uses the words “provide for the common defense”
in its list of the powers of Congress, not those of the president.
My italics. If you didn't get a chance to see PBS's "Cheney's Law" about the vice-president's and president's assault on the Constitution they took an oath to defend, check it out online. Or DVR/Tivo it. Check out this new Guantanamo campaign as well. Get angry. Get angrier:
