The inquiry is a difficult one, for it pits the judiciary’s search for truth against the executive’s duty to maintain the nation’s security.There remains a contingent of fantasists in this country whom I'll call Restorationists. Unlike past Restorations, which sought, usually successfully, to retake government from usurpers and reinstate dynastic monarchies, our Restorationists believe that through the concerted efforts of concerned citizens, electoral politicking, a sound legal strategy, and good public relations, the United States can be restored to its semi-mythical existence as a Republic. Some of these people are deeply intelligent and command my highest respect. Ron Paul. Chalmers Johnson. Others are morons and think that Hillary Clinton or Barack Obama will have something to do with the restorative transformation. All of them are wrong.
-Judge Robert B. King of the Fourth Circuit Court of Appeals
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States [...] and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties [...] shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States [....]
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
-The powers of the Presidency as outline in Article II, sections 2 and 3 of the Constitution of the United States of America
The case of Khaled al-Masri is indicative of this point. An innocent man was kidnapped, spirited away to a secret American prison in Afghanistan, degraded, abused, tortured, and then dumped in the middle of another foreign country. The executive condones it. The Congress accedes to it. The courts ignore it out of deference to the executive. Through what mechanism will a free Republic be restored? Through the courts? The Congress? The Presidency?
Και τώρα τι θα γένουμε χωρίς βαρβάρους.
Οι άνθρωποι αυτοί ήσαν μια κάποια λύσις.
What will become of us without any barbarians?
Those people were some kind of solution.