The unrestricted power of the us prasident

The FEE HOUSE has the supposedly catch-out powers of the prasident, whether it is the secretive departing of US burgers, the rightness of prisoners or the bypass of the torture ban adopted by the Congress

The US President sees itself and his country still war, not only in Iraq or in Afghanistan, but still in a global war against terror. In order to be able to protect the US from the enemies, the MUSSE, BUSH, is broken to the congress, which patriot act is definitely in force. Even if Bush seems to be bent the congress and also signed the so-called McCain addition with the torture ban on the Pentagon budget law, the US commander-in-chief does not really want to be played by the Congress. As the secretly adopted depend of foreign communication through the NSA, Bush again leads to his special power after the Unitary Executive Theory in the field, which it is to allow him to interpret the right in a far way itself.

Even dozens, US Prasident Bush has claimed his rightly privately advanced legislation in the signing of laws or arrangement of instructions. Actually, the Unitary Executive Theory provides that the prassident supervises the executive. However, the Bush government has interpreted this control so that the prasident can virtually alone and without the approval of the congress or legislative exports. He was even on the Supreme Court.

The Judge Samuel Alito, who nominated Bush for the Supreme Court, sees this as well, which is why he was supposed to become the top judge, no danger. In November 2000 he explained, like Wall Street Journal on. 6.1. 2006 reported in a speech: "The Prasident has not only a few executive affinitely, but he ubt the power over the executive – over everything." And even before, he had made himself strong for an expansion of the prasidial power through the Unitary Executive Theory.

The rights of the woman’s house

John Yoo, the Office of Legal Counsel of the Ministry of Justice Tatig was and for the Bush government also the right of law for the external status of "enemy struggle" and their treatment delivered (the intellectual pioneers of torture and voluntary justification) had already in an opinion on the 25.9.2001 the power of prasident virtually unlimited expanded to drove the war against terrorism. According to his view – and on such internal opinions, the Bush government is constantly increasing to demonstrate the alleged legitimity of its actions – the Congress has, after appointing the prasident to the Commander-in-Chief in the war against terrorism, the decision to make the decision transfer, how and against whom this wants to proceed. Thus, even without further commencement of terrorist organizations or states that dominate such houses, it is praventively increased military, even if this in no connection with the striking of the 11.9. stands. That was practically already the legitimate for the Iraq war.

Yoo leads, for example, in the following passage, how to allegedly extend the rights of the prasident in contradiction to explicit approval of the Congress:

IT Should Be Noted Here That The Joint Resolution Is Somewhat Narrower Than The President’s Constitutional Authority. The Joint Resolution’s Authorization to Use Force Is Limited Only to Those Individuals, Groups, Or States That Planed, Authorized, Committed, Or Aided The Attacks, And Those Nations That Harbored Them. IT Does Not, Therfore, Reach Other Terrorist Individuals, Groups, Or States, Which Cannot Be Determined to Have Links To The September 11 Attacks. Nonetheless, The President’s Broad Constitutional Power to Use Military Force to Defend The Nation, Recognized By The Joint Resolution Itself, Would Allow The President To Take Whatever Actions He deems ApproprIate to pre-emptic or Respond to Terrorist Threats from New Quarters.

And in the last sentence of the "Review" If yoo goes even further, from which then in the woman’s house has also derived the right that the prasident of the congress and the FISA court can order the dependent communication communicating from US burgers by the NSA:

Neither Statute, However, Can Place Any Limits on the President’s Determinations As to Any Terrorist Threat, The Amount of Military Force to Be Used in Response, Or The Method, Timing, And Nature of the Response. Thesis Decisions, Under Our Constitution, Are For The President Alone to Make.

At 19.12.In 2005, Justice Minister Gonzales, who previously, as a legal expert of the woman’s house, had, among other things, for the "legalization" had taken the torture of prisoners, ared that the Congress US Prasident Bush’s war necessity also contains the power, without approval by the Congress US Burger to be eager. Apparently, the mainstream of the woman’s house goes up, throbbing "The President’s Inherent Constitutional Authority ", the Congress, in which the majority of Republicans are sitting, now too far. A report written by the Congressional Research Service comes to the conclusion that the authorization by the Congress did not include the eaviation of US burgers without judicial decision, and if, then highly the FISA court, which was bypassed by the Bush administration because, so the specified reason that is too slow and too much paper work.

The torture ban: how to take a law and bleed at the same time

Due to the same subordination of the allegedly legal power of the prasident, the status of "enemy struggle" created, which trailed in the right-clear space as in Guantanamo and elsewhere indefinitely held and even under coercion. Like Gonzales and other belongings of the Bush government in their expert opinions, ill-treatment and cause pain to the US torture negative "legal", that speaks of torture at extremely high pain.

The Republican Senator McCain had to prevent forelegal law as in Abu Ghraib, the Household Law of the Pentagon an additive, after which the torture of the government is independent of its whereabouts the torture for the wording of the Antifolter Convention:

(a) In General – No Individual In The Custody Or United The Physical Control of the United States Government, Regardless of Nationality Or Physical Location, Shalle Be Subject to Cruel, Inhuman, OR Degrading Treatment Or Punishment.

(b) Construction Nothing in This Section Shall Be Construed to Impose Any Geographical Limitation on the Applicability of the Prohibition Against Cruel, Inhuman, OR Degrading Treatment Or Punishment Under This Section.

The torture ban was adopted with a rough majority in the Reprused Antenna House and the Senate, although the Bush Government expanded gross prere and threatened a Veto to exclude the CIA from it. With coarse gesture then US Prasident merged that he accepts the budget law with the torture ban (US government accepted torture ban), but it was already clear that one was sought in the sowing house after the possibility to avoid prohibiting (legalization of Guantanamo To). However, in the law, the law enforcement of possible mistreatment of prisoners has already been crazed significantly. In addition, reports of the number of prisoners in Guantanamo and the surveying of the legalism of their detention. Here is already excluded what the Bush-.Government could also enforce American courts may take complaints of detainees. All this does not seem to enjoy the woman’s house.

As a bush at the end of the year almost unnoticed in addition to numerous other laws also the budget law of the Pentagon (H.R.2863) signed, he fell an addition to dealing with prisoners. In it took the power of the prasident, which is guaranteed by the emergence "Unitary Executive Branch" to control, and the powers as commander-in-chief claim "to defend the American people from artificial attacks". Afterwards "Alternative, which were imprisoned abroad as an enemy camphor", Do not use the United States’ antitrust rights to threaten, at the same time US courts should not take over Habas Corpus complaints of these. So they should remain straightareless, which also strikes that US-belongings who poured people abroad and detain, even then no penalty threatens if they mistreate and torture.

This legal trick, through the torture ban into force and at the same time can be repealed again, is justified by Dana Perino, a spokeswoman of the woman’s house, so justified that the prasident only go to the principle, not about avoiding the torture ban: "The Prasident said that we follow the law. Of course, we will follow this law." The principle is just that the prasident after the "Unitary Executive Theory", which has already been used excessively from Reagan to the congress, practically unlimited power should have when it comes to national security.

Although McCain has warned along with the also Republican Senator John Warner, with which he had filed the torture ban as an addition to the Pentagon budget law, before the prohibition of the prohibition. In a joint explanation, they wrote that they ame that the prasident understands the law carried by a large majority for dealing with prisoners. The congress has also explicitly agreed exceptions and was strictly monitored.

As you went to a conversation with the mirror, Chancellor Merkel wants to help you visit the USA that Guantanamo is being dissolved: "It must be found medium and paths for another handling of the prisoners." In addition, she wants to use Murat Kurnas, which is imprisoned in Guantanamo. However, the German government should urgently clear internally, as in general to the concept of "enemy camphor" and their legal status is, which also fell the carryover, unlimited detention and overlay to states in which torture is practiced. Will continue to cooperate here the German government, as can be found in the words of Interior Minister Schauble? Only guantanamo toilder, nothing is essential, but only a symbolic action.

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