Monday, March 30, 2009

The Myth of Executive Privilege

It been interesting to continue to read and hear the propaganda again being spewed in the interviews that have been given by Karl Rove (the "Architect") in his refusal to submit to a subpoena by the House Judiciary Committee in order to answer some questions with respect to his performance in the Bush Administration.

Mr. Rove has been credited with being the architect of Mr. Bush's rise to the presidency, sort of a private marketing and PR agent. After leaving the employ of the White House, he has since been snared by Rupert Murdoch as a Fox News Analyst in order to work his architectural magic and PR skills for Fox now on the American people in a much greater forum with a little longer sound bites as an "expert" for the national news media.

An expert in what I haven't a clue, since the Bush Administration has been the most unpopular in my memory, far surpassing that other erstwhile Republican(?), Richard Nixon.

Search and search as I may within our U.S. Constitution nowhere does it indicate that there is such an animal as 'Executive Privilege," nor "sovereign immunity" (that was the British invention that caused the Revolution to begin with - the sovereign's tyranny and governing without accountability of the first King George).

Mr. Rove, it appears, has now since abandoned the executive privilege argument, and now in order to put another spin on it, has used as his defense the "separation of powers" doctrine. Unfortunately, this one doesn't fly either, since the "separation of powers" doctrine does only apply to the President himself (and possibly his high level cabinet members) but certainly not to an architect, and only applies to the separation of powers and duties, not lack of accountability to the other branches for them, or to the people.

Fox media representatives, including Bill O'Reilly, that "no spin" spinner, of course, affirmed in his commentary this illusion for his co-compatriot and fellow Fox employee. I think Mr. Rove does need to review the relevant founder's letters and documents regarding the "checks and balances" functions of our government, which is what Congress and the legislature is to be for the Executive Office. The "check" when the President or any of his advisors or appointees steps out of "Constitutional" line, so all stays "in balance."

In fact, as the founder's intended the "separation of powers," it was in reference to the fact that each branch of the government had "separate" and distinct "enumerated powers" as contained within the Constitution itself. However, each of those branches were accountable not just to each other, but also to the American people (i.e., the right to petition contained in the Bill of Rights).

The impeachment provisions were included as a "check" on the President by the Congress and judiciary. The provisions for LIMITED protection from "arrest" of Congressional members was only extended to times when Congress was in session and votes were being taken (and due to acknowleding their role, being constrained to their enumerated powers, Congress was not in session the majority of the entire year as it is now). The founder's didn't extend "civil" or criminal protections for their "acts or omissions," rightly determining that "civil servants" of the people also should be held to the same and higher standards than those whom they governed.

These provisions have been utilized selectively and minimally in the past for political reasons, but on the scale of the abridgment of the Constitution that are going on now at all levels, it appears to most Americans we've got not only a President, but an entire Congress and Supreme Court that are doing their own thing with actual disdain for the entire framework of our country in their progressive abridgments and politicization of our national institutions.

Even the Supreme Court was to be held "accountable" for their decisions, with the provision that they were to be removed "when not in good behavior." In 1776 "good behavior" was intended and interpreted to mean any form of criminal conduct and behavior (including abridging also their Constitutional limits), not simply being drunk and disorderly.

While the Supreme Court has interpretative powers, its interpretative ability was limited to the clear language contained within it. Not rewriting or amending it, since there is a process for amendment, and the Supreme Court is not a part of that process. Thus, "public use" means just that "public use," and not "public purpose" as in the recent Kelo decision. And "the right to privacy" was intended to protect individuals from unlawful search and seizures, and security of their homes and properties primarily (as violated by much of the provisions of the Patriot Act), not as so broadly defined by the Supreme Court in the Roe vs. Wade case (a case in which they even overstepped their jurisdictional boundaries, since it was an appeal of a case between two citizens, and not between a citizen and the state).

But it does appear fairly clear that with respect to the Rove refusal, his claim of "sovereign immunity" and "separation of powers" as "legal" in response to a Congressional subpoena, how contemptuous many on the Hill have become to our true form of government, and how suspect Mr. Rove's continued FOX analysis should be taken by the American people for any contributions he should make in his new media "analyst" role.

The "spins" both all the major networks, especially the cable networks, are nothing more than a ratings game with little fact to the reporting, and ex-teachers, lawyers and erstwhile architects are the ones now doing the spin doctoring.

Forget the federal and state goals regarding improving our education system and leaving them in charge, since with such propaganda it does makes you wonder about both the present and future brainwashing of the next generation. Bill O'Reilly, Karl Rove and cable news style of educating I think the youth of this country could do without. You pay for this abuse people.

I hope maybe CNN or one of the other news networks will take this up with Mr. Rove in greater detail, on just what legal grounds he has in his beliefs on executive privilege, sovereign immunity, and separation of powers with respect to HIS position and protection, and just where that wording is in our Constitution?

But as now a Faux paid analyst with his new job spin doctoring on O'Reilly for the New Republican/Globalist/corporate communista cause (as opposed to the true Constitutional Conservatives) taking up most of his time, won't hold my breath. And also somewhat certain that due to the decline now in the integrity of most mass media professionals and journalistic reporting on both sides of the aisles, my equilibrium could handle the news bites.



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