RailSignals

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    Today we saw general Gonzales try all day to give our congress a
way to avoid a constitutional fight in the courts. It looks like their
view is that the congressional role is the supreme authority and the
executive is subservient to them.
    This view, and both parties seem to be arguing this, defies basic
common sense because everyone knows that the executive has many
extra-legal powers. Take the example of the speed limit, this
regulation applies to the drivers on the highway system, but, when
law enforcement is operating  here, no one would argue they must
follow those rules.
    Or a more serious example would be that, a loaded commercial
jet that is found to be commandeered and headed into say the
superbowl. Does anyone really think any written law would govern
our president’s decision to protect the safety of this mass of people.
That jet would be shot down in a heartbeat. Where does congress
think the authority to make that decision comes from, maybe the
president could apply to a court and get an order.
    I have great hopes that they will take a lesson from the courts
decision in Hamdi v. Rumsfeld   and not press this issue. The
complete transcript of attorney general Gonzales is at the WP
site Part 1 and Part 2
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