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April 19, 2008 at 00:26:37

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Who Will Hold The President Accountable?

by Eric K. Yamamoto (Posted by chris rice)     Page 1 of 1 page(s)

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The initial question is who will check the President and his or her people? During a time of national fear, who will hold the Executive accountable for its national security abuses or, perhaps more important, prevent them from occurring? More particularly, who will hold the President accountable for lies aimed at legitimating or covering up abuses of power?

There are two quick answers, found in most civics books. The first is the electorate -- it can vote out the President at the next election. But that often is years later, and only if it is the President's first term and if executive dissembling is publicly revealed and constantly criticized. The second quick answer is the Judiciary. It is the role of the courts to hold the Executive to constitutional dictates.

But what is the reality? The simplistic answer, that the judiciary checks the executive, is rooted in a widely-held fallacy -- that as a separate co-equal branch of government it is politically independent and that its judgments are necessarily neutral and objective. Bush v. Gore and Korematsu v. U.S. are just two of many cases that starkly reveal that fallacy by exposing the political underpinnings of judicial decisionmaking in controversial cases. It is not that nine black-robed men and women simply vote their personal and political preferences. The legal method imposes decisional constraints. To maintain public legitimacy judges have to speak in the language of statutes, rules, and case precedents. As many commentators have observed about Bush v. Gore, however, the moorings of the legal method are a weak tether in hot political cases. The intricacies of stare decisis and the complexities of the three-tier standard of equal protection review, for instance, are manipulable by sophisticated, politically attuned judges.

As illuminated by the Hamdi and Padilla "enemy combatant" cases and the prosecution of Dr. Wen Ho Lee, public advocacy emerges in two realms. The first realm is critical legal argument by lawyers and civil and human rights organizations aimed at shaping judges' threshold selections of the level of judicial scrutiny, and ultimately the judges' responses to the specific legal challenges to executive actions. As a complement to usually narrow traditional legal arguments, this kind of critical legal advocacy aims to reveal what is really at stake, who benefits and who is harmed (in the short and long term), who wields the behind-the-scenes power, which social values are supported and which are subverted, how political concerns frame the legal questions, and how societal institutions and differing segments of the populace will be affected by the court's decision.

The second realm of advocacy is a species of public education: journalist essays, pundit commentaries, public letters to the editor, clergy sermons, scholars' op-ed pieces, community workshops and school forums, all critically analyzing and advocating the need for the courts to carefully scrutinize the Executive's national security actions. The goal is to create in the public culture a compelling sense that it must be the courts that exercise "watchful care" over our constitutional liberties -- that the Executive is charged with protecting our people and institutions from threats from without, and in turn that our courts are charged with protecting our liberties from threats from our own institutions.

The timing of both kinds of public advocacy is crucial. Advocacy of accountability is imperative at the "front end" and at the "back end" of apparent national security abuses:

Every single one of the members of congress and the cabinet and all the national "leaders" should have gone on general strike themselves the day they heard about waterboarding.
We  can  allow  them  to  get  away  with  it  or  we  can  send  a  clear  message  to  the  next  president  that  ENOUGH  is  ENOUGH!
So I'm asking my fellow citizens to join me in a GENERAL STRIKE this September 11th 2008 in a series of protest to bring down the two-party hypocrisy.
FOR  MORE-  www.votestrike.com

 

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12 comments


Water boarding

 It is partial drowning and absolutely attempted murder ,at least to the victim. Water boarding sounds girly that any MAN could withstand.

The president and his loyal inter circle have overthrown the legitimate elected government ,supported by goons and mercenaries. I remember when I was growing up how the CIA was busy overthrowing legitimate  South American governments for some corporate good? Well the chickens have come home to roost.

When they stole the election we did nothing.

When the supreme court took the role assigned to congress in determining the election outcome we did nothing.

When the president invaded a neutered, defenseless nation we did nothing 

When the president admitted ,like war criminals before him, to employing attempted murder using water torture  we did nothing

When next the president does .................... Again we will do nothing

But I"m sure we can change this on the corrupt republician voting machines in November. 

 

by tjb (0 articles, 0 quicklinks, 0 diaries, 255 comments [9 recommended, 0 rejected]) on Saturday, Apr 19, 2008 at 7:44:41 AM

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We the People, is the short answer

Who's "mad as hell" and why? A new fear factor is creeping into the electorate, it seems to me. It's the economy, once again. Citizens don't think bold thoughts when they are leary of where their next month's rent money is coming from. Forget using Iraq and mayhem as the issue when we talk impeachment. My belief is that we have to become so outraged at how the government has picked our pockets--"inflation is the cruelest tax of all"--that $100 plus for oil will be put into everyman/woman's psyche.

Moralizing over Bush doesn't do it. The populace seems to believe voting him and his ilk out of office will do it. The corporate structure is global. If voters understand their vote will not reduce their pocketbook woes, they just might rally. Poverty is mind-deadening. If, instead of marching and blogging, the concerned use consumer-led reasons for asserting themselves.... Well, CEO's might sit up and listen to where that might lead.

by Margaret Bassett (45 articles, 2909 quicklinks, 42 diaries, 1852 comments [99 recommended, 0 rejected]) on Saturday, Apr 19, 2008 at 8:45:31 AM

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Reply: Forget DC

- Cut gas and energy consumption, buy local, buy blue, figure out how to reduce your FEDERAL INCOME TAXES via 40lk's and Roths...DIVEST out of stocks!! When Bush says shop, we have to stop !! Why spend time/energy and OUR precious money protesting in DC to be ignored? Unless we get in the streets outside our reps personal residences...who is going to care? GENERAL STRIKE 9/11/08 til HOWEVER LONG IT TAKES

by chris rice (111 articles, 145 quicklinks, 35 diaries, 233 comments) on Saturday, Apr 19, 2008 at 9:49:14 AM

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We the People

I'm with Margaret - We the People have to hold our elected officials accountable.  And I agree, when there is "worker insecurity" as a result of an unstable economy, people freeze up.  They hold onto their jobs and do what is necessary to keep them.  They become afraid and keep quiet, after all, if they get noisy they just might lose the source of their income.

Companies love that.  These Global Giants are running our nation.  Many of them are writing our rules.  They have direct dial lines to our Congress people and our elected officials.  

We need to mobilize locally - and demand national action.  Few of us could go to Washington - but many of us - can go to our city halls or state legislatures - or local Congress People's office.

We need to Flood them with our demands - turn the tables - make the elected officials feel the wrath of the people - and know if they fail to act - there will consequences.

Organize and act locally - it's powerful - and while the Congress person may be campaigning - perhaps other citizens will see the people organizing.

In fact in this digital age, take pictures, write comments, and post and act locally.  

Have local governments pass resolutions and send them to Congress and the Executive. 

by August Adams (11 articles, 0 quicklinks, 1 diaries, 585 comments [12 recommended, 0 rejected]) on Saturday, Apr 19, 2008 at 10:22:31 AM

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Reply: I Agree

"We need to mobilize locally - and demand national action.  Few of us could go to Washington - but many of us - can go to our city halls or state legislatures - or local Congress People's office."

 We can all make it to our local rep.s office on 9/11/08 & bring your cameras & your DEMANDS. This is how democracy works, when you grab it by the seat of the pants.

Corporations know people are pissed, so a self inflicted recession brought about by their greed to hamper protest & guarantee a smooth transition via this election is not inconcievable.

So lets hit the streets. NO WORK, SCHOOL OR SHOPPING 9/11/08

FOR MORE- www.votestrike.com

by chris rice (111 articles, 145 quicklinks, 35 diaries, 233 comments) on Saturday, Apr 19, 2008 at 11:01:25 AM

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No one

Some of the people will hold them accountable, but only in their minds.

No one in power will do a damn thing. 

by Sandy Sand (198 articles, 0 quicklinks, 227 diaries, 1548 comments [2 recommended, 0 rejected]) on Saturday, Apr 19, 2008 at 1:25:42 PM

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Reply: RE: No One

"No one in power will do a damn thing."

I recieved this at votestrike.com:

"My Rep is Ed Markey; We held an ER town mtg on Superbowl Sunday where he tried to make the audience believe he was holding Bush accountable by signing some "censure" bill...and that winning in Nov was more important......911truthers spoke up  to the point where police were called in.   There was about a 200 people given the "day"...,Ironically, Markey had called an ER town mtg on Impeachment 2 years ago...and now he's silent....these reps are either being bribed, threatened or whatever, they are not going to Impeach...WE MUST TAKE TO THE STREETS".

by chris rice (111 articles, 145 quicklinks, 35 diaries, 233 comments) on Saturday, Apr 19, 2008 at 3:12:15 PM

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Reply: Taking to the streets.

Protests, especially massive protests that bring forward hundreds of thousands of people, are highly effective, however, we must understand that we live in a different era, therefore, we must be more precise when we organize protests. With gas prices rising so fast people are finding it hard to keep enough gas in their vehicles even for mundane purposes, it's hard to get people to travel to DC even when the cause is vital to our nations survival. The reality of the situation is that many people who would normally attend these protests simply cannot afford to travel the distances necessary to make the protest(s) effective.

If we protest in a targeted fashion, such as in front of CNN, the New York Crimes, The Washington Compost, ABC, and the MSM who refuse to report real news to the American public - the message will be undeniable and it will receive press coverage, especially if enough people show-up to make it difficult for employees to find parking places and the protests last enough time so that each branch of the Bush propaganda machine understand that "the people" are fed-up with their cowardice, collusion and complicity in the destruction of our country.

There are many sites that could be targeted for protests that would require a minimal amount of participation to be highly effective. Get the truckers on board, who are all suffering from absurd diesel prices, and viola! - a protest is born that actually has teeth and will be reported by the MSM. In fact, if enough independent truckers participated in a strike that lasted only a week or two, the effects would be enormous and be broadcast throughout the world. This country relies on truckers to transport vital goods throughout the nation, and by themselves, could raise enough awareness that would help to awaken the entire country.

Yes, we need to "take it to the streets" - but we need to do it in a manner that is well-planned to create the most impact and guarantee that our voices will be heard. We also need to ensure that when it's done, we ensure that certain goods such as medicines and other vital products do get through to guarantee that no one is hurt or injured because of stopping some services that are vital to the safety of our nation.

Most people believe that we need millions of people to be effective, and in some regards, that may be true as it pertains to a general strike; but, prior to the general strike, it is possible to accomplish almost as much publicity by protesting with a specific plan, “strategic planning” is you wish to call it so, and if we did that, it will awaken the rest of the country.

William Cormier


by William Cormier (152 articles, 11 quicklinks, 21 diaries, 419 comments [9 recommended, 0 rejected]) on Saturday, Apr 19, 2008 at 6:44:34 PM

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I'm 100% Behind Chris Rice!

I haven't had much time lately, but will be authoring an article myself in support of www.votestrike.com.

I hope that we haven't attacked Iran before then, but that's something none of us are privy to, nor will we be until after the fact.

If someone from that site has the expertise to make the code for a widget to use in WordPress, it will be prominantly displayed on my site - and I'd prefer a tower ad if it's available. I will be requesting that all Progressive/Liberal sites do the same; some will, some won't, but with gas prices due to raise, the outrage and financial difficulty might be enough to make something like this a reality.

This is something we all need to get behind, tell our friends about, and just maybe, change could be in the air instead of bombs.

William Cormier

 

by William Cormier (152 articles, 11 quicklinks, 21 diaries, 419 comments [9 recommended, 0 rejected]) on Saturday, Apr 19, 2008 at 1:54:18 PM

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Reply: THANKS!

"My Rep is Ed Markey; We held an ER town mtg on Superbowl Sunday where he tried to make the audience believe he was holding Bush accountable by signing some "censure" bill...and that winning in Nov was more important......911truthers spoke up  to the point where police were called in.   There was about a 200 people given the "day"...,Ironically, Markey had called an ER town mtg on Impeachment 2 years ago...and now he's silent....these reps are either being bribed, threatened or whatever, they are not going to Impeach...so we are working to run someone against markey.....until then, only WALL ST talks....and the sooner the better....."

Wow, thanks. I have no personal technichal expertise. I'll check with my people to see if anyone has the know-how.

If anyone reading this has tech. expertise get in contact with William above. THANKS.

Lets stop this war & prevent another!

by chris rice (111 articles, 145 quicklinks, 35 diaries, 233 comments) on Saturday, Apr 19, 2008 at 3:16:42 PM

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A stiff dose of political reality

Here's an interesting thought: Suppose that Bush and minions have a new and improved 911 up their sleeves as a hum-dinger of an October surprise, the elections get cancelled and Bush assumes the dictatorial powers that he's granted himself should those circumstances arise? Who and what will stop him? A spineless Congress or Senate? A Supreme Court stacked in his favor, with a Chief Justice that he appointed? A military of which he is in command?

by Michael McCoy (7 articles, 1 quicklinks, 2 diaries, 487 comments [26 recommended, 0 rejected]) on Monday, Apr 21, 2008 at 1:25:59 AM

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Reply: RE: Dose of..

Thanks. That's why we're doing this. You can see the Opednews article at

www.votestrike.org on page titled "Stop A War With Iran" original article by William Cormier titled

April 13, 2008
Can Americans Stop Bush/Cheney From Attacking Iran? The Answer is Yes!
WE MUST STOP THEM. CONGRESS & THE SENATE HAVE & CONTINUE TO GIVE BUSH EVERYTHING HE'S ASKED FOR.
IN OUR SYSTEM OF CHECKS & BALANCES IT HAS FALLEN TO THE AMERICAN PEOPLE TO SET THINGS RIGHT.

by chris rice (111 articles, 145 quicklinks, 35 diaries, 233 comments) on Monday, Apr 21, 2008 at 1:46:49 AM

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