Article: The Senate Should Postpone The Samuel Alito Vote For One Week To Increase Awareness Of The Unitary Executive Theory

The Bush Machine will obviously not want to do this, because the more the Public finds out about Samuel Alito's enthusiastic support of the dangerous "Unitary Executive Theory," the more they will oppose him. The Public would never accept the Unitary Executive Theory as Law if they knew what it really is. At this moment, the Public, the Media, and the Senate Republicans are all asleep and not informed about this Theory and the danger it presents. But in a week of solid effort, they can all be awakened and informed.

Now the President is outrageously demanding that the Senate give him an "up or down vote" immediately, as if he had the authority to demand anything of the Senate. He has no such authority anywhere in the Constitution. Republican Leadership: Aren't you embarrassed to be continuously bowing down to Mr. Bush, as if he were your Master and you were his slaves? Did you take an oath to support the Constitution, or to support George W. Bush? (They are two different things, you know, frequently in conflict.) Here is the exact text of the oath of office you took when you entered the Senate. When you read it again, does it anywhere say "support the President?" No it does not. It says "support the Constitution." Then why are you so willing to accept orders from the President? Are you in love?

U. S. Senate Oath Of Office www.senate.gov

In essence, the Unitary Executive Theory says that the President should have complete control over the Executive Branch, and that the Executive Branch should be in charge of almost everything that the Government actually does, including all the functions of the Independent Agencies, which have always been separate from the Executive Branch. In addition, this Theory insists that the President has "plenary authority" to exercise his powers, and he must not be interfered with by Congress or the Supreme Court. So Congress and the Supreme Court lose their ability to control the President and become mere advisors to him, whom he can disregard if he chooses to do so.

In a particular example we all are familiar with, this Theory says that the President is not obligated to follow either the anti-torture laws or the anti-spying laws. So this is why Bush hasn't been following them: he claims he is not obligated to do so. And why do you suppose the President almost never vetoes any laws? Because why bother to veto a law if you are not obligated to follow it anyway? In fact, to veto it would suggest that somehow it did have authority over you. So it is better for him to let the law be enacted, write a signing statement saying that he doesn't really have to follow it, and then simply disregard it whenever he chooses. And when these outrageous claims are eventually challenged before the Supreme Court, who do you suppose a Justice Samuel Alito would rule in favor of? The President, of course! Wake up, everybody. This is a coup in progress!

The Constitution gives the power to Congress, not the president, to create (or abolish) the military, to fund it (or not fund it) and to regulate it. The President is Commander In Chief, because some one elected person needs to be over the Generals, and the President is the one best suited for that role.

But that doesn't mean he is the "boss" of the Military - like Napoleon - under our Constitution. He's just the chief administrator of the Military, just as he is the chief administrator of all the other parts of the Executive Branch, obligated to follow whatever Laws and Regulations are duly enacted by Congress. In particular, Congress could abolish the Military, if it chose to do so. And Congress can impeach and remove the President from office. So who is the real boss of the Military? Congress, of course! Why would our Founders, who had just fought a war to get away from one tyrannical King, write a Constitution which would create another King right here, with his own personal army? Does that make sense to you?

Here are the Military powers given by the Constitution to Congress, not to the President, under Article I, Section 8: "To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;"

Source: U.S. Constitution - http://www.patriot.net/users/bmcgin/usconstitutiona.txt

So it is clear that the President is not total boss of the Military, just its Commander, obligated to "faithfully execute" whatever regulations Congress may choose to enact.

And 95% of this "Commander in Chief" function which Bush claims for himself, is not much more than a naked power grab, obviously not granted by the Constitution.

But in his role as "Unitary Executive," (read "Dictator") the President would be total boss if the Military, because neither Congress nor the Supreme Court would now have any authority over him. And thus the United States of America - The Land Of The Free And The Home Of The Brave - would become just another Military Dictatorship, no better than Nazi Germany or Fascist Italy during World War II.

Also see http://www.unitaryexecutive.net for more information about this dangerous, radical Theory which would destroy our system of Checks and Balances by giving excessive power to the President, at the expense of Congress and the Supreme Court.

But if, at the end of one more week, the Public still thinks it is no problem, and the Republican Senate still thinks it is no problem - - well, this would simply prove to me that the Country is in much worse shape than I thought. And people eventually get what they deserve. So if they won't fight for their freedom, they will lose it, as planned by the Bush Machine.

For more about the Bush Machine please see http://www.bushmachine.com

Blessings to you. May God help us all. And may God bless America!

Rev. Bill McGinnis, Director
http://www.loveallpeople.org
and http://www.internetchurchofchrist.org