The Only Question for Alito That Matters
President George W. Bush’s relentless attack on the separation of powers, most recently laid bare in a December 16 New York Times story that he has been eavesdropping on Americans without a court order, shifted the critical focus of Judge Samuel Alito Jr.’s Supreme Court confirmation hearings drastically: where Alito stands on overweening presidential power has suddenly emerged as the preeminent issue. Period. Alito must be rejected should he refuse to state his opinion about executive supremacy or claim agreement with Bush’s approach to the constitutional separation of powers.Presidential Power was barely touched on in the Judiciary Committee hearings and when it was mentioned Alito was allowed to dance around the question.
The limits of presidential power may sound esoteric and technical, especially when compared to the more hot-button "culture war" issues – abortion, church-state separation, affirmative action, gay marriage, gun control, and the death penalty – that have occupied Supreme Court confirmation hearings for the past three decades. Separation of powers is not a mere "issue" that can be influenced over time under our existing structure of government. Separation of powers is our existing structure of government, an essential tenet underlying our continued existence as a free country. Let’s be clear: with the Alito hearings, the potential transformation of the presidency into an elected monarchy hangs in the balance.I hope that I am surprised but Alito has given every indication that he favors a Presidency with the powers of a monarch.
Another issue that is not mentioned is that with an Alito confirmation the United States will officially become a theocracy with 5 of the 9 judges being Catholic. Jazz touches on this over at Running Scared this morning.
I am beginning to think that it may be necessary to throw my support to the Libertarians in order to save the United States. The irrelevant Democrats can't do it.
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