Sunday, March 25, 2007

Executive Privilege: Penumbra or Emanation?

Search the U.S. Constitution for "executive privilege." You know what you get? NOT FOUND is what you get, of course.

Go ahead. Read the whole thing, and you won't find any 18th-century variations on the theme, either. Nothing like, "No Executive Mansion servant shall be held to answer in any other place" or similar language the late unlamented Secy. Rumsfeld might have dismissed as "quaint."

Truth is, the entire doctrine of "executive privilege" is the creation of activist judges reading things into our Constitution that just aren't there in the plain language our Founding Fathers and their more obscure contemporaries agreed on.

So, when are we going to hear an outcry from the noble advocates of "strict construction"? How soon will we hear right-wing activists demanding that the Republican Party platform include a plank calling for a Constitutional amendment to abolish this evil invention of a liberal, out-of-control judiciary?

What's that you say? As soon as the Democrats are back in the White House?

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