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Blackstone Assigned Soverign Power Under Unitary Theory To Parliament, Not the King
"Unitary" is the power of the sovereign to have total control, unchecked by anything. The American Republic recognizes the sovereign is We the People. Congress and the President have not been delegated any power to check We the People.
It is legal fiction for any lawyer to suggest there is a "unitary executive". There is a unitary sovereign, or a unitary Parliament. A "unitary executive" or "unitary government" is repugnant to the American Republican. Next time, ask Addington about Blackstone and the concept of "unitary" and "sovereign."
The President and his lawyers have turned the "unitary" theory of government on its head. The idea of "unitary" relates to Blackstone's view of the Parliament as sovereign:
"The power and jurisdiction of parliament, says Sir Edward Coke, is so transcendent and absolute, that it cannot be confined, either for causes or persons, within any bounds. And of this high court he adds, it may be truly said "si antiquitatem spectes, est vetustissima; si dignitatem, est honoratissima; si juridictionem, est capacissima." It hath sovereign and uncontrolable authority in making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws, concerning matters of all possible denominations, ecclesiastical, or temporal, civil, military, maritime, or criminal: this being the place where that absolute despotic power, which must in all governments reside somewhere, is entrusted by the constitution of these kingdoms. All mischiefs and grievances, operations and remedies, that transcend the ordinary course of the laws, are within the reach of this extraordinary tribunal."A Congress that refuses to constrain itself, check power through investiations or impeachment, or respect the Sovereign is a threat to liberty. It was when Parliament was more corrupt than the Executive, when liberty was most threatened [original text, spelling]:
"that as Rome, Sparta, and Carthage have loft their liberty and perifhed, fo the conftitution of England will in time lofe it's liberty, will perifh : it will perifh, whenever the legiflative power fhall become more corrupt that the executive."
Comments (3)
This statement, "repugnant to the American Republican" should read, "repugnant to the American Republic"
Comment
"Unitary" means the United States government, as a federal government, has been vested with the power needed to function, as opposed to a decentralized State-based government under the Articles of Confederation. "Unitary" does not mean power is concentrated; merely assigned to a single entity that functions with that authority.
The American government divided that authority between the three branches. This President and his lawyers would have us believe all power should be concentrated in one branch.
When you raise these issues with legal counsel or Members of Congress, discuss the following:
July 10, 2008 8:16 PM | Reply | Permalink
Title:
Should read,
July 10, 2008 8:25 PM | Reply | Permalink
Don't you just love the blogging software at this site?
One word, TPM management: PREVIEW.
For comments too, please. Like they do it at DKos. You actually can't post until you've previewed, and any changes you make have to be previewed again. Wonderful for catching mistakes, in particular with tags and formatting. Speling, not so muhc.
I love Tankard's take on the SW, btw.
Back on topic.... good post, and timely, as our Executive gets more and more Unitary, day by day, with the collusion of the First Branch. Thanks, Congress!
July 10, 2008 8:40 PM | Reply | Permalink
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