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Monday, March 13, 2006

Runaway Russ

Russ Feingold introduced his censure resolution on the floor of the Senate this afternoon, and then, knowing that Arlen Specter had questions for him in his upcoming minutes immediately disappeared from the chamber. How can I say he 'knew" the question was coming? Because he refused to yield time for it before he read the resolution.

Maybe he left because he knew that Specter was going to ask him if understood that the Constitution trumps statutes. Specifically, his question concerned testimony that was heard during Judiciary Committee hearings that stated the President's program was allowable under Article 2 of the Constitution. If that is true, then the censure is unwarranted, because the FISA question is moot.

While Senator Feingold bloviated for 25 minutes on the separation of powers, and checks and balances of government, he also spent a large amount of it declaring the program illegal. Under the same checks and balances that the Senator quoted, it is the job of the judiciary, not the Congress, to declare acts illegal. There is one exception to that, which is of course impeachment.

Yet, Feingold didn't introduce articles of impeachment, only a censure, for illegal acts. So, I'll leave a few open questions for Russ, what court has found the acts illegal, since the Senate doesn't hold that authority? Secondly, if there is a disagreement among constitutional scholars on whether Article II gives the President the authority to conduct this program, aren't the courts the correct venue to make that decision, and not the Senate?

For a great review of Russ's thoughts on impeachment, see "Liberty, Just In Case"
Michelle Malkin has the Democratic reaction (subdued, to say the least) on the issue.
Below the Beltway has a great piece on this issue also.

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6Comments:

Blogger shoprat said...

This is a publicity stunt by some nut dreaming of the White House. That a RINO like Spectre could so threaten the move reveals that it is hollow.

6:34 PM  
Blogger NEO, SOC said...

Excellent Post! shoprat's correct. It's hollow and worse yet a fine example of cowardice on his part to take flight so soon. Did he feel that his argument that has its feet firmly planted in midair (Francis Schaeffer) couldn't hold ground? No pun intended!

7:25 PM  
Blogger LargeBill said...

All Feingold is doing is demonstrating why senators make poor presidential candidates. In their years as a senator they tend to criticize various administrations in such a way that they comes across as being against a strong executive. You can't fight against executive power and then make a compelling argument that you could effectively wield said power.

10:01 PM  
Blogger Little Miss Chatterbox said...

Feingold is an idiot!! Does that sum it up well enough??? :-) I'm embarrassed to be from Wisconsin when you have to deal with senators like him.

10:19 PM  
Blogger Lone Pony said...

Dee! LOVE IT! Well, if a lady like LMC can say idiot, can I call him a...oh nevermind. Thanks for my dose of CP's special SA mixed with truth this morning. I'll have a better day now.

5:26 AM  
Blogger Crazy Politico said...

Shoprat, specter wasn't totally nice to Bush, he was his normal RINO self, but made a great constitutional case that I think Feingold wants ignored. (And the media, Specter's remarks are scarce today).

Neo-He knows he has no arguement, but will still get lots of news time, and probably get the Kosites all happy :)

Bill, that's a great take on it! One I'm sure Russ will forget all about come primary time in '08.

LMC, you and me both. I can say I never voted for the guy though.

LP, glad you got your dose of common sense and giggles before you go off to teach the kids today.

8:07 AM  

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