http://www.counterpunch.com/roberts02052007.htmlThe US and Israel
The Real Failed States
By PAUL CRAIG ROBERTS
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The past six years have seen the rise of dictatorial power in the executive and the collapse of the separation of powers mandated by the US Constitution. The president has declared himself to be "The Decider." The power to decide includes the meaning and intent of laws passed by Congress and whether the laws apply to the executive. President Bush has openly acknowledged that he disobeyed the Foreign Intelligence Surveillance Act and unlawfully spied on Americans without warrants. Bush and his Attorney General could not make it more clear that their position is that Bush is above the law.
It is also Bush's position that he is above the Constitution. Bush and his Attorney General maintain that as commander-in-chief in "the war on terror," the executive has the power to decide the applicability of civil liberties guaranteed in the Constitution. The US Department of Justice (sic) has taken the position that this decision is an executive decision alone beyond the authority of the judiciary and the legislature.
An enfeebled and eviscerated Congress has acquiesced in the growth of executive power, even legislating unconstitutional executive powers into law. The Decider has grabbed the power to arrest people on accusation alone and to detain them indefinitely without charges or evidence. He has obtained the right to torture those whom he arrests. The Geneva Conventions do not apply to the US president, declares the Regime. Bush has obtained the right to commit people to death in military tribunals on the basis of hearsay and secret evidence alone. The Bush Regime has succeeded in moving the American state off the basis on which the Founding Fathers set it.
The Bush Regime led the American people to war in Iraq based entirely on lies and deception. This is a known and undisputed fact. Congress has done nothing whatsoever about this monstrous crime and impeachable offense.
Under the Nuremberg standard, unprovoked aggression is a war crime. The US established this standard. Bush has violated it with impunity.
Bush and his Attorney General assert Bush's power to attack Iran independently of a Congressional declaration of war or any form of congressional approval. Bush claims that his power to attack Iran is merely an extension of his present power to conduct war in Iraq, a power seized on the basis of lies and deception. Congress has taken no action to disabuse Bush of his presumption.
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