President Bush touts his appointments of Associate Justice Samuel J. Alito, Jr. and Chief Justice John Roberts to the Supreme Court bench lauding them as “strict constructionists.” In his speech congratulating Justice Alito for his confirmation , President Bush said:

“Sam Alito is a brilliant and fair-minded judge who strictly interprets the Constitution and laws and does not legislate from the bench.”

Of Chief Justice Roberts :

“He will strictly apply the Constitution and laws, not legislate from the bench.”

After all, a reactionary Court was a core purpose of Christian Fundamentalists’ support for Bush. He was merely a conduit; and he has delivered it unto them.

Right-wingers chastise “activist” (i.e. “progressive”) judges as banes on the judicial system.

With all this “strict construing” of the Constitution, I ask these people, where exactly in the Constitution, is the clause regarding Executive Privilege?

It’s not there. I checked.  Read more 

Interesting comment on today’s “Must Read” segment over at Josh Marshall’s TPM (bows in reverence to THE most cited blog in the US media in recent days.) Topic, of course, is the US Attorney selective elimination program, and down in the comments surfaces an interesting item. Anybody know if this is true?

Rove has no privelege. Executive privelege, according to a 8-0 SCOTUS decision in the Nixon case, applies only to the POTUS and VP, and only on matters of diplomacy [and] military concern.

Rove is a political rat that has no real constitutional protection.
Posted by: bob

Personally I think the whole “executive privilege” thing is a crock o’prime grade-A shit. The executive branch is in Article II of the Constitution for a reason, dammit. The Founders considered Congress the primary organ of government; the executive branch exists only to carry out (“cause to be faithfully executed”) the will of the people as expressed by their elected representatives. (Hell, we could replace the president with a robot for that matter, although this might lead to other unanticipated problems. But I digress.)  Read more