Help on US constitution stuff.
Dec. 20th, 2005 01:04 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
chickenfeetPresident Bush has admitted to an extensive program of wiretap surveillance in the US. Many commentators have argued that this is unconstitutional and, therefore, presumably, illegal.
So what happens now? Normally the courts are the guardians of the constitution in the US but I'm not aware of any mechanism by which a case could be brought in a case like this.
The Senate (I think it's the Senate) could impeach him but no-one would expect the Senate to make its decision on legal and constitutional grounds. It would inevitably be a political decision based on the perceived merits or otherwise of the President's actions. This would pretty much negate the idea that, in part at least, the constitution exists to protect the individual from the tyranny of short term majorities.
In any event, doesn't a Bill of Impeachment require a two thirds majority? In which case the President plus 34 senators can break the constitution with impunity. Am I missing something here?
Please note, I'm not asking people to argue the political or constitutional case for or against wiretapping. The question I am interested in is "what redress is possible against a President who breaks the constitution?".
So what happens now? Normally the courts are the guardians of the constitution in the US but I'm not aware of any mechanism by which a case could be brought in a case like this.
The Senate (I think it's the Senate) could impeach him but no-one would expect the Senate to make its decision on legal and constitutional grounds. It would inevitably be a political decision based on the perceived merits or otherwise of the President's actions. This would pretty much negate the idea that, in part at least, the constitution exists to protect the individual from the tyranny of short term majorities.
In any event, doesn't a Bill of Impeachment require a two thirds majority? In which case the President plus 34 senators can break the constitution with impunity. Am I missing something here?
Please note, I'm not asking people to argue the political or constitutional case for or against wiretapping. The question I am interested in is "what redress is possible against a President who breaks the constitution?".
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Date: 2005-12-20 06:39 pm (UTC)Seriously, I don't think having a majority could prevent an investigation. It could prevent an impeachment, and he is the type who would not step down. But I don't think Congress has lost all good sense. Most, perhaps, but they want to be re-elected, and investigations can be presented as "we're just doing out due diligence."
I think one of the saddest things is that Bush actuially makes me miss Nixon.