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郭国汀律师专栏
***(31)《孙文传奇》郭国汀译著
·南郭:关于孙文评价与网友们的争论
·有关孙中山评价的争论
·孙中山、蒋介石与苏俄
·孙中山蒋介石与苏俄的原则性区别
·《孙中山传奇》郭国汀编译
·《共和革命之父孙中山》
·《共和革命之父孙中山》郭国汀编译
·《共和革命之父孙中山》1、身世
·《共和革命之父孙中山》3、孙文共和民主革命
·《共和革命之父孙中山》6、日本政要支持孙文
·《共和革命之父孙中山》8、义和拳乱
·《共和革命之父孙中山》9、革命派与改良派
·《共和革命之父孙中山》10、孙文革命与华侨和留学生
·《共和革命之父孙中山》11、晚清的改革
·《共和革命之父孙中山传奇》12、四处筹资促革命
·《共和革命之父孙中山》13、黄花岗起义
·《共和革命之父孙中山》14、保路运动
·《共和革命之父孙中山》15、武昌起义
·《共和革命之父孙中山》16、袁世凯趁虚劫权
·《共和革命之父孙中山》17、辛亥革命的意义
·《共和革命之父孙中山》18、捍卫革命精神
·《共和革命之父孙中山》19、宋教仁遇刺
·《共和革命之父孙中山》20、二次革命
·《共和革命之父孙中山》21、袁世凯破坏共和体制
·《共和革命之父孙中山》22、中华革命党
·《共和革命之父孙中山》23、袁世凯称帝闹剧
·《共和革命之父孙中山》24、袁世凯众叛亲离
·《共和革命之父孙中山》25、张勋复辟帝制
·《共和革命之父孙中山》26.孙文护宪
·《共和革命之父孙中山》27.著书立说
·《共和革命之父孙中山》28.新文化运动和五四运动
·29.新文化及五四期间的孙文
·《共和革命之父孙中山》30.东山再起
·《共和革命之父孙中山》31、孙文为何联俄容共?
·《共和革命之父孙中山》32.孙越上海宣言
·《共和革命之父孙中山》33.阴差阳错 逼上梁山
·《共和革命之父孙中山》34.以俄为师
·《共和革命之父孙中山》35.反帝遵儒
·《共和革命之父孙中山》36.关税事件
·《共和革命之父孙中山》37.国民党一大
·《共和革命之父孙中山》38.三民主义
·《共和革命之父孙中山》39.屡战屡北
·《共和革命之父孙中山》40.最后岁月
·《共和革命之父孙中山》41.壮志未酬身先死
·国际权威专家对孙文的客观公正评价
·辛亥革命重大历史与现实意义
***(32)《还原蒋介石》郭国汀译著
·郭国汀谈论毛泽东和蒋介石
·我为何研究孙文,蒋介石及中华民国史?
·《民族英雄蒋介石》
·《还原蒋介石》:身世
·《还原蒋介石》:辛亥革命中的蒋介石
·《还原蒋介石》:二次革命
·《还原蒋介石》:中华革命党
·《还原蒋介石》:袁世凯称帝与张勋复辟
·《还原蒋介石》:军阀混战
·《还原蒋介石》:南北军政府对抗
·《还原蒋介石》:辞职将军蒋介石
·《还原蒋介石》:孝子情深
·《还原蒋介石》:情深义重
·《还原蒋介石》:远见卓识 肝胆相照
·《还原蒋介石》:壮志未酬身先死
·《还原蒋介石》:列宁的对华政策
·《还原蒋介石》:中共的由来
·《还原蒋介石》:孙中山的“联俄容共”
·《还原蒋介石》:共产党篡夺国民党的领导权
·《还原蒋介石》:篡党夺权
·《还原蒋介石》:‘联俄联共,扶助农工’的骗局
·《还原蒋介石》:蒋介石领导北伐
·《还原蒋介石》:中山舰事件真相
·《还原蒋介石》:北伐雄师所向无敌
·《还原蒋介石》:中共恶意制造南京事件
·《还原蒋介石》:共产党阴谋操控反蒋运动
·《还原蒋介石》:上海三次起义
·《还原蒋介石》:汪(精卫)陈(独秀)联合宣言
·《还原蒋介石》:四一二清党真相
·《还原蒋介石》:恢复北伐
·《还原蒋介石》:宁汉政府相争
·《民族英雄蒋介石》33、汪精卫武汉政府清共
·《民族英雄蒋介石》34、南昌暴动
·《民族英雄蒋介石》35、蒋介石辞职
·《民族英雄蒋介石》36、蒋介石访日
·《民族英雄蒋介石》37、蒋(介石)宋(美玲)联姻
·《民族英雄蒋介石》38、广州暴动国民党与苏联决裂
·《民族英雄蒋介石》40、济南事件
·《民族英雄蒋介石》39、北伐第二阶段
·《民族英雄蒋介石》41、浩气长存的蔡公时
·《民族英雄蒋介石》42、忍辱负重
·《民族英雄蒋介石》43、北伐最后阶段
·《民族英雄蒋介石》44、日本关东军暗杀张作霖
·《民族英雄蒋介石》45、北伐军胜利汇师北京
·《民族英雄蒋介石》46、满洲易帜归国民政府
·《民族英雄蒋介石》47、关税自治,
·《民族英雄蒋介石》48、李宗仁及冯玉祥反叛
·《民族英雄蒋介石》49、南方战云--叛乱的瘟疫
·《民族英雄蒋介石》50 、中原大战
·《民族英雄蒋介石》51 周恩来的灭门惨案
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An Imperial Presidency Based on Constitutional Quicksand

   An Imperial Presidency Based on Constitutional Quicksand
   
   by Ivan Eland Jan 10, 2006 note by thomasgguo
   
   

   After revelations about President Bush ordering surveillance of Americans without obtaining warrants, the boundaries of executive power will undoubtedly be one of the principal issues raised at the confirmation hearing of Supreme Court nominee Samuel Alito. The conservative Alito has publicly endorsed the theory of the unitary executive, which takes a broad view of presidential authority. Alito’s liberal critics say his record has been too obsequious(to eager to obey or serve; having too little self-respect) to expanded executive power.
   
   
   
   The position of these two camps seems peculiar. Many of today’s conservatives, such as Alito, Vice President Dick Cheney, and Cheney’s chief of staff David Addington, believe that the presidency is not muscular enough. In fact, the vice president, contrary to most scholarship on the issue, feels that, in recent decades, the executive branch has been emasculated(to take away all strength ;to take away the power of becoming a father from). Yet conservatives also tout their custodianship of the original intent of the framers of the Constitution. The nation’s founders would turn over in their graves if they were to learn of the modern imperial presidency.
   
   
   
   The U.S. Constitution was written after a war of independence from what the colonists believed was a despotic(a person who has all the power of government and uses it unjustly and cruelly; tyrant) king. The document was designed to strictly limit federal power, vis-à-vis the powers of the states and the people. Within the constricted federal realm, the framers intended to make the decentralized Congress the dominant branch and gave that body many more enumerated powers than the president or the judiciary. It is no coincidence that the article of the Constitution setting forth the powers of the legislative branch is listed first and is by far longer than Article II, which lists the responsibilities of the executive branch, and Article III, which covers the judiciary.
   
   
   
   In particular, the founders feared the power of a potent executive to impose wars upon the American people in which they would bear the brunt (the main or most damaging part of an attack)of the costs in blood and treasure—much as the autocratic European monarchs of the day inflicted such costs on their subjects. Thus, the framers, contrary to conventional wisdom, gave most of the war powers to Congress. The legislature has the power to declare war, raise and support armies, provide and maintain a navy, regulate the land and naval forces, make the rules for captures on land and water, and provide for organizing, arming, disciplining, and calling forth the militia in times of insurrection and invasion. In contrast, the president has only the power of commander-in-chief of the army, navy, and militia when called into service by the federal government.
   
   
   
   It is this last power that modern presidents, especially the current incumbent, have attempted to stretch from its narrow origins into the very nightmare the framers wanted to avoid—a single official with unchecked war powers. President Bush has justified unconstitutional acts in the “war on terror” by expanding the power of the commander-in-chief beyond the founders’ intention. He has used that power to justify torture, the surveillance of Americans without a warrant, and the effective suspension of habeas corpus by indefinite detention of “enemy combatants”—including some Americans—without a trial or access to lawyers. Yet the founders intended only that the president command forces on the battlefield because it was difficult for the many members of the legislative branch to do so. Yes, gathering intelligence is part of that effort, but another part of the Constitution—that is, the Fourth Amendment in the Bill of Rights—implicitly guarantees that people will be protected against searches without a warrant. For conservatives that love original intent, the Constitution says nothing about being suspended during wartime. Also, torturing prisoners in violation of the congressionally approved Geneva Conventions and indefinitely detaining them without a trial seem to run afoul of the constitutional provisions providing that Congress has the power to make rules concerning captures on land and water and implying that only Congress, rather than the executive, has the power to suspend habeas corpus in times of rebellion or invasion (this provision is in Article I and not Article II).
   
   
   
   Of course, there is currently no rebellion or invasion, so any suspension of habeas corpus—whether by the president or Congress—is likely to be unconstitutional. In fact, there is no war; the “war on terror” is not really a war at all. The post-9/11 congressional resolution authorizing the use of force against the attacks’ perpetrators and those that harbored them, which the president uses as an additional justification for his domestic snooping(to search, look into,or concern oneself with other peoples property or affairs without permission) did not even imply the approval of such surveillance, expanded executive power (in fact, members of Congress from both parties went on record specifically rejecting that interpretation), or a declaration of war.
   
   
   
   So even though the president and his administration constantly say, “we are at war,” technically we are not. The last official war the United States fought was World War II. After that, the Congress abdicated(to give up a right, claim, or responsibility; renounce) its responsibility to declare war. Since then, presidents have declared a unilateral right to send U.S. forces into harms way—the founders’ worst fear. For example, even though President Bill Clinton couldn’t get congressional approval to attack Serbia and Kosovo, he ordered the bombing anyway. Before Gulf War I, President George H. W. Bush claimed that he was asking for a congressional resolution of support, as opposed to a declaration of war, only as a courtesy—not because he was required to by the Constitution.
   
   
   
   Yet despite the recent bending of the rules, the Constitution and the debates at the constitutional convention were clear that a declaration of war is needed to go to war, unless an invasion prevents the Congress from meeting. Even then, Congress was expected to ratify an existing state of war as soon as it could. In the current “war on terror,” because Congress has not declared war, the existing congressional resolution should not be used to justify domestic surveillance or anything else. Also, with no official war, the president’s authority as commander-in-chief—interpreted narrowly by the founders—would be even more limited.
   
   
   
   Most of the extraordinary actions that President Bush has taken after 9/11 are unconstitutional. The imperial presidency—especially its expanded war powers—rests on constitutional quicksand(wet sand which sucks in anyone or anything that tries to cross it).
   
   
   
   Thomasgguo: openly criticize the policy of government or the president in USA is the right of citizen, while in China, anyone criticize the policy of the CCP or Hu jingtao, may be sent into jail or prison. This is the vital different between the democracy and dictatorship. Any truth should arguable openly and there is no evil under sunshine. One day, when Chinese people also enjoy the right of criticize, there is hope of China.

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