"Inherent in the president"

[phantom power]

The following is from an entry in Talking Points Memo. Marshall is referring to a WSJ article, which requires a subscription

=======================
But that whole discussion is different in kind from one passage in the report. I quote from the piece ...

To protect subordinates should they be charged with torture, the memo advised that Mr. Bush issue a "presidential directive or other writing" that could serve as evidence, since authority to set aside the laws is "inherent in the president."

So the right to set aside law is "inherent in the president". That claim alone should stop everyone in their tracks and prompt a serious consideration of the safety of the American republic under this president. It is the very definition of a constitutional monarchy, let alone a constitutional republic, that the law is superior to the executive, not the other way around. This is the essence of what the rule of law means -- a government of laws, not men, and all that.
http://www.talkingpointsmemo.com/archives/week_2004_06_06.php#003046

[struggle4progress]

1. This is frightening! The Fascist spirit is indeed on the prowl today.

[gottaB]

2. yep, that's the essence of the problem here

makes me want to holler

[myopic4141]

3. Only a natural progression.

Fanatics using the "end justifies the means" argument start with minor infractions of principles and work their way to major infractions. This is really not so surprising. The only questions that remain are how long will the public tolerate what is happening to this country and at what point do the infractions become unbearable.

[bemildred]

4. Sounds like the Divine Right of Kings.

Nothing is inherent in the President, the Presidency is a
creation of the Constitution, and it has only the delegated
powers specified there.

[Miss Authoritiva]

5. Is this the smoking electrode?

"The article describes a confidential Pentagon report providing legal rationales and interpretations by which US personnel could use torture and methods of near-torture in contravention of various international treaties and US laws."

I'm surprised the Bush people even bothered with constructing preemptive legal rationales and interpretations -- and then putting them in a report. If you're going to be a unilateralist, be a unilateralist.