Bush Crosses the Rubicon
Paul Craig Roberts at Counterpunch - on the descent of America into dictatorship. [grabbe]
The principle that power delegated to Congress by the people cannot be delegated by Congress to the executive branch is the mainstay of our political system. Until President Roosevelt overturned this principle by threatening to pack the Supreme Court, the executive branch had no role in interpreting the law. As Justice John Marshall Harlan wrote: "That congress cannot delegate legislative power to the president is a principle universally recognized as vital to the integrity and maintenance of the system of government ordained by the Constitution."
Despite seven decades of an imperial presidency that has risen from the New Deal's breach of the separation of powers, Republican attorneys, who constitute the membership of the quarter-century-old Federalist Society, the candidate group for Republican nominees to federal judgeships, write tracts about the Imperial Congress and the Imperial Judiciary that are briefs for concentrating more power in the executive. Federalist Society members pretend that Congress and the Judiciary have stolen all the power and run away with it.
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