Unitary Executive Doctrine

I've seen several people forward or cite Charlie Savage's Boston Globe article, which starts:

President Bush has quietly claimed the authority to disobey more than 750 laws enacted since he took office, asserting that he has the power to set aside any statute passed by Congress when it conflicts with his interpretation of the Constitution.

Among the laws Bush said he can ignore are military rules and regulations, affirmative-action provisions, requirements that Congress be told about immigration services problems, "whistle-blower" protections for nuclear regulatory officials, and safeguards against political interference in federally funded research.

Legal scholars say the scope and aggression of Bush's assertions that he can bypass laws represent a concerted effort to expand his power at the expense of Congress, upsetting the balance between the branches of government. The Constitution is clear in assigning to Congress the power to write the laws and to the president a duty "to take care that the laws be faithfully executed." Bush, however, has repeatedly declared that he does not need to "execute" a law he believes is unconstitutional.

Sheldon Richman points out the Savage article and also a Cato Institute publication titled "Power Surge: The Constitutional Record of George W. Bush" which says:

Unfortunately, far from defending the Constitution, President Bush has repeatedly sought to strip out the limits the document places on federal power. In its official legal briefs and public actions, the Bush administration has advanced a view of federal power that is astonishingly broad, a view that includes

* a federal government empowered to regulate core political speech -- and restrict it greatly when it counts the most: in the days before a federal election;
* a president who cannot be restrained, through validly enacted statutes, from pursuing any tactic he believes to be effective in the war on terror;
* a president who has the inherent constitutional authority to designate American citizens suspected of terrorist activity as "enemy combatants," strip them of any constitutional protection, and lock them up without charges for the duration of the war on terror -- in other words, perhaps forever; and
* a federal government with the power to supervise virtually every aspect of American life, from kindergarten, to marriage, to the grave.

President Bush's constitutional vision is, in short, sharply at odds with the text, history, and structure of our Constitution, which authorizes a government of limited powers.

Good readings for the week of "Loyalty Day."

Loyalty Day

This morning, while reading a thread about Stephen Colbert's wonderful performance at the White House Correspondent's Dinner, I learned that yesterday (and every May 1 going forward) has been officially proclaimed "Loyalty Day":

Loyalty Day is also a time for us to reflect on our responsibilities to our country as we work to show the world the meaning and promise of liberty. The right to vote is one of our most cherished rights and voting is one of our most fundamental duties. By making a commitment to be good citizens, flying the American flag, or taking the time to learn about our Nation's history, we show our gratitude for the blessings of freedom.

I spent most of my day yesterday at the U.S. Holocaust Memorial Museum. I'm happy to proclaim loyalty to principles of liberty, but that shouldn't be confused with blind loyalty to political leaders or governments.

Breakthrough cephalopod design in power strips

The powersquid. (Seen in an advertisement in a recent in-flight magazine.)

Duke Cunningham bribery scandal may also become a lobbyist prostitution scandal

Tomorrow's Washington Post reports that:

Federal authorities are investigating allegations that a California defense contractor arranged for a Washington area limousine company to provide prostitutes to convicted former congressman Randy "Duke" Cunningham (R-Calif.) and possibly other lawmakers, sources familiar with the probe said yesterday.

In recent weeks, investigators have focused on possible dealings between Christopher D. Baker, president of Shirlington Limousine and Transportation Inc., and Brent R. Wilkes, a San Diego businessman who is under investigation for bribing Cunningham in return for millions of dollars in federal contracts, said one source, who requested anonymity because the investigation is ongoing.

[...]

The Cunningham investigation's latest twist came after Mitchell J. Wade, a defense contractor who has admitted bribing the former congressman, told prosecutors that Wilkes had an arrangement with Shirlington Limousine, which in turn had an arrangement with at least one escort service, one source said. Wade said limos would pick up Cunningham and a prostitute and bring them to suites Wilkes maintained at the Watergate Hotel and the Westin Grand in Washington, the source said.

There's more info and speculation at the Daily Kos.

Mexico's Congress passes bill to decriminalize small amounts of marijuana, ecstasy, cocaine, and heroin for personal use

President Vicente Fox says he will sign it.

Looks like we'll get a chance to see how well decriminalization works a bit closer to home than the Netherlands. The laws will still be slightly more strict than the Netherlands in some regards (e.g., drug sales will not be decriminalized), less strict in others (the Netherlands is tougher on cocaine and heroin).

The bill says criminal charges will no longer be brought for possession of up to 25 milligrams of heroin, five grams of marijuana — about one-fifth of an ounce, or about four joints — and half a gram of cocaine — about half the standard street-size quantity, which is enough for several lines of the drug.

"No charges will be brought against ... addicts or consumers who are found in possession of any narcotic for personal use," the Senate bill reads. It also lays out allowable quantities for a large array of other drugs, including LSD, MDA, ecstasy — about two pills' worth — and amphetamines.

(Via Radley Balko at The Agitator.)

By contrast, the U.S. uses SWAT teams to go after nonviolent offenders and engages in significant abuses (see the numerous examples of abuse at Balko's blog, including the Lester Siler case and the Cory Maye case), and does things like this, which seems like a misapplication of law enforcement resources to me.

Torture and the drug war

Radley Balko reports on the torture of Lester Eugene Siler, an illiterate man, by five sheriff's deputies in Campbell County, Tennessee, trying to get him to consent to search warrant without telling him what it said. The deputies denied nearly beating him to death, hooking electrodes to his testicles and shocking him, and threatening to kill him and go after his family, but his wife was present and got it on audio tape, which is available online.

After the story was picked up by Andrew Sullivan, who wonders about whether this became possible as a result of the climate created by the Bush administration, which right wing bloggers have mocked by mischaracterizing his position, as described in a followup by Balko.

Brainport

Here's a nifty little device that sits on your tongue and electrically stimulates it via 144 microelectrodes. Your brain figures out how to "see" patterns on the surface of this device, and:

In testing, blind people found doorways, noticed people walking in front of them and caught balls. A version of the device, expected to be commercially marketed soon, has restored balance to those whose vestibular systems in the inner ear were destroyed by antibiotics.

Tony Snow and creationism

Looks like there's some evidence that Bush's new press secretary, Tony Snow, is an advocate of intelligent design.

Intelligent Design Arguments from the Creationist Literature

Ed Brayton has written an excellent article describing how many major intelligent design arguments come directly from the creationist literature. A similar earlier article by Jason Rosenhouse may be found here.

A serious Da Vinci Code plagiarism case

Author Lewis Perdue wrote a book titled The Da Vinci Legacy which was first published in 1983. That book really does seem to have some very close parallels to Dan Brown's The Da Vinci Code. Perdue has a couple of blogs where he has written about his legal case (that began when Random House sued him over his postings on the Internet about the similarities between Brown's book and his). He's pointed out a number of apparent misrepresentations by Brown about his life, as well as another case where a work of Brown's is unaccountably identical with the work of another author.

An overview of Perdue's case is here.

Unlike the Baigent and Leigh lawsuit over Holy Blood, Holy Grail (which purported to be a work of nonfiction), Perdue doesn't allege plagiarism of the general idea, but over a large number of very specific elements that are identical between the books.

Perdue says that anything he wins in court will be donated to charity, and so it's not about the money.

The oddest thing on Perdue's blog is talk about postings from somebody named Ahamedd Saaddoodeen, who Perdue says he's traced to Blythe Brown, Dan Brown's wife.