Case closed, I'd say. Barbara Jordan on impeachment (via the Bra'ed One). It's a case study for today's Democrats on how to talk about the issue, so go read the whole, wonderful thing. I'm going to pull out quotes on the legal rationale:
[BARBARA JORDAN]:We know the nature of impeachment. We've been talking about it awhile now. It is chiefly designed for the President and his high ministers to somehow be called into account. It is designed to "bridle" the executive if he engages in excesses. "It is designed as a method of national inquest into the conduct of public men."
Justice Story: "Impeachment" is attended -- "is intended for occasional and extraordinary cases where a superior power acting for the whole people is put into operation to protect their rights and rescue their liberties from violations."
The Carolina ratification convention impeachment criteria: those are impeachable "who behave amiss or betray their public trust."
James Madison again at the Constitutional Convention: "A President is impeachable if he attempts to subvert the Constitution."
And she concludes:
If the impeachment provision in the Constitution of the United States will not reach the offenses charged here, then perhaps that 18th-century Constitution should be abandoned to a 20th-century paper shredder.
I've argued before, as others still do now, that there isn't time before 2008 to go through the impeachment process.
Well, if we don't have time to save the Constitution, what do we have time for?
NOTE No, no, not censure. We have the Constitutional remedy, and it's impeachment, not censure. Censure--much as I like Feingold--is the functional equivalent of the Ford pardon; it doesn't drive a stake through the heart of the monster.
UPDATE Turley on Olbermann:
[TURLEY]There has been no serious investigation of the NSA operation, an operation that most of us believe was criminal, that federal law defines as a federal crime.
Of course, that was back in 2006, and since them, the Democrats have been in power, and... Oh, wait...



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Sorry, woody
I understand the passion, but the Zucchinni of Chastisement or the Duck Pit
is about as far as we go, here, as I'm sure you'll be the first to understand.
No authoritarians were tortured in the writing of this post.
"First they ignore you, then they ridicule you, then they fight you, then you win." -- Mahatma Gandhi
's'okay...
Can I blog-whore, then?
Anybody wanna read my unbowdlerized post, go HERE.
Imperial Powers: Does ANYONE Truly Believe
...that the next, or ANY subsequent, Executives will voluntarily abjure the exercise of the Powers which the Busheviks have (need it be said: illegitimately, illegally, and unconstitutionally) arrogated to the Executive in the last 7 years?
Cuz if you do, i got some real estate in Manhattan i'd like ya to look at.
The "Rule of Law" has been a dead letter since IX/XI. Unless something is done to resuscitate it--without immediate, emergency intervention--it may remain as an atrophied, useless emblem of the better, former days, mummified like an ancient egyptian king.
If the Busheviks seizure of power, abrogation of the separation of powers, and other criminal enterprises--including the ICORP of Iraq--go unpunished, unrestrained, uninterrupted, how does anyone think to prevent it the NEXT time--and there WILL BE a next time...
Linky?
This is the link to the Barbara Jordan speech. The one above appears to be bloggered.
Barbara Jordan For President
Shirley Chisolm for Chief Justice
a fella can dream...
I'm with Woody!
If we do not insist on defending our Constitution against our Cretin-In-Chief then we deserve to lose it.
appropriate responses
As I have discussed with Woody before, Cheneyburton is wired for violence. You will notice that much of the Patriot-associated legistlation and signing statements Bu$hCo has produced deal with powers they can use to deal with violent protest right here at home.
Do the terms "
concentrationdetainment camps" and "secret trials" and "'nonlethal' weapons for crowd control" mean anything to you?Darth Cheneyburton has been chomping at the bit for an an excuse for martial law for sometime now. Particularly as November 2008 grows closer, these Killer Klown Kommandos will be searching for any excuse to propagate their not so invisible Empire. Violence, or the advocacy of violence, will get you noticed, and possibly thrown in the slammer.
Along with anyone agreeing with you they can catch.
Lambert is no slouch on defending the Constitution. It's just every problem has its optimal remedial methods. Nonviolence works best right now.
Caveat: it's a fluid situation. Big Brother is definitely watching. He's too stupid to see everything, but if you get his attention he can find out everything about you and your little dog, too, Dorothy.
No Hell below us
Above us, only sky
No Hell below us
Above us, only sky
Well, then, if i don't show up after a while
come lookin' fer me an' the dogs, okay, pardner?
;)
Link fixed, and Ahimsa vs. the Duck Pits
Thanks for the video, Shystee, which is awe-inspiring, and I fixed the links to the text.
What I believe:
1. Morally, Ahimsa is the right thing. I've just been going through The Descent of the West, all about the world's most lethal century. See Edwin Brock's famous poem:
There's enough evil been done, and we don't need to add to it.
2. Vanguards have a long and depressing history of becoming what they oppose when they gain power. See, for example, the Trots who morphed into neo-cons.
3. Not-Ahimsa is a strategy for jerk-offs who have pretty pictures of themselves as heroes, but no concept either of history or of the armed lethality in the hands of the State.
4. Not-Ahimsa is exactly the excuse the enemy wants.
5. Not-Ahimsa ignores the long history of the state infiltrating leftist groups and acting as agent provocateurs.
6. With the media tools available today, the possibility of ahimsa are multiplied a thousand-fold. Think of the effect of Bull O-Connor's in the 60s, but with the news propagated instantly over cell-phones.
7. No doubt the state is too stupid to understand that nobody serious talks in an open forum.
Bottom line is, why be stupid when you can be smart? Mars is a big dumb fuckup. Don't imitate him.
Not-Ahimsa in a maximally transparent environment is the only way forward.
No authoritarians were tortured in the writing of this post.
"First they ignore you, then they ridicule you, then they fight you, then you win." -- Mahatma Gandhi
This is NOT a spurious question
and i hope it would not be taken as such...mebbe you don't know me well enough to know i'm partisan, and a bit contrarian--though i hope not excessively so--but really NOT a dick...
so here's the question.
does ahimsa require that you simply surrender your life if another desires, 'himsa-tically' if you will, to take it?
european jews, on the whole, did not violently resist the nazi holocaust. can that be comparable to 'ahimsa'?
i studied the Upanishads a bit 40 years ago, but i've forgotten a lot.
no snark, brudda...
I don't care about edge cases and I'm not a theologian
Nor am I a minister (may The God(ess)(e)(s) of My Choice, If Any, be thanked).
But morally, tactically, strategically, the civil rights movement had great success using the tactic Ghandi labelled as ahimsa, as, for that matter, did Ghandi. (Others with more experience in the civil rights movement feel free to chime in.)
Incidentally, if you're not a dick--"Woody"--you could be working a lot harder to show it than you are.
No authoritarians were tortured in the writing of this post.
"First they ignore you, then they ridicule you, then they fight you, then you win." -- Mahatma Gandhi
Ahimsa, Ghandi and Political Power
Practicing non-violence, in both our personal and public lives, is as a general precept a good thing. As a means of effecting political change, however, it turns out to be one of those situational sorts of ethical values, much more complicated than it seems. Back in the day, some of us explored different paths to reach the ends we desired. My introduction to political action came in the summer of 1964, as I was stepping away from the rigid unyielding condemnation of Missouri Synod Lutheranism in which I was raised towards something else, anything else that might make more sense and actually jibe with physical reality. Civil rights, specifically at that time for blacks, seemed like a good place to start with the added benefit of annoying my bigoted family not to mention the presence of some really pretty girls who didn’t wear bras and who had access to good dope. Sometimes in life good things come bundled.
Lots of long nights sitting around talking about violence versus nonviolence, himsa vs. ahimsa, morally, strategically, practically, from every angle imaginable. UC Berkeley in the fall of ’64 was an exhilarating place to be for a person in search of themselves, an unparalleled feast for the intellect and the senses. Classes in the daytime, picket lines at the racist Oakland Tribune in the afternoon, pot-fuelled strategy/pickup sessions in the evening, the midnight shift factory job, a little chemical help for breakfast and do it all over again. Ah, the limitless energy of youth.
Then one day standing around the SNCC table on Sproul Plaza, one of many advocacy card tables set up around the periphery of this central social square on campus, along come the University police and they arrest (with apology) Jack Weinberg, a part-time student and one of the folks sitting at the adjacent CORE table, for violating campus regulations limiting political advocacy. Seems he’d been singled out as an object lesson, the publisher of the Tribune had called the governor who called the university president who called the cops to teach us rabble rousers what the state can do if we don’t get back in line and stop causing trouble for the establishment.
As he’s being put in the cop car (Ref #1 below) a gentle student name of Mario Savio hops on the car roof after taking off his shoes so as to not scratch the finish (Ref#2) and shouts for everyone to sit down. So we did. (Ref#3. Hi, that’s me, #23 from the left.) It was all very civilized on both sides, with lots of talking and strategizing and really good singing (Ref#4) and a big sit in and arrests and everything. Eventually the faculty voted to reinstate political advocacy rights for students, and we had won.
The reason we won at Berkeley in 1964 is the same reason that nonviolence was successful for the US civil rights movement and for Mohandas Gandhi in India against the British. All of these movements were successful because, as Gandhi taught, a Campaign of Satyagraha succeeds when it engages the moral nature of the opponent.
In another time and place, however, Mao Tse-tung encountered the amorality of the Kuomintang and concluded that “Political power comes out of the barrel of a gun.” And so the efficacy of one approach or another, of ahimsa or himsa, may depend upon and be determined by the nature of the opponent – are they moral, or amoral?
Sun Tzu teaches that the most important principle in conflict is to study and know your opponent better than they know themselves and align your strategy accordingly. What is the Buddha nature of the Corporatist
cabal? Is there a sufficient morality to which a non-violent appeal can be made? Is there a realistic alternative to armed revolution? Our Founding Fathers in their time decided not. I hope we have a broader range of options than did they.
Ref #1. http://content.cdlib.org/ark:/13030/ft7r...
#2. http://content.cdlib.org/ark:/13030/tf5j...
#3. http://content.cdlib.org/ark:/13030/tf7p...
#4. http://content.cdlib.org/ark:/13030/tf6w...
The change in the nature of US student protests over time, and the causes, are summarized decently here: http://www.latimes.com/news/education/hi...
“There is a time when the operation of the machine becomes so odious -- makes you so sick at heart that you cannot take part. You cannot even passively take part. And you’ve got to put your bodies on the gears and upon the wheels and levers, upon all of the apparatus and you have to make it stop and you have got to indicate to the people who run and own it, that unless you are free, the machine will be prevented from working at all.” Mario Savio, 1942-1996 and deeply missed.