The Dartmouth Observer |
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Commentary on politics, history, culture, and literature by two Dartmouth graduates and their buddies
WHO WE ARE Chien Wen Kung graduated from Dartmouth College in 2004 and majored in History and English. He is currently a civil servant in Singapore. Someday, he hopes to pursue a PhD in History. John Stevenson graduated from Dartmouth College in 2005 with a BA in Government and War and Peace Studies. He is currently a PhD candidate in the Department of Political Science at the University of Chicago. He hopes to pursue a career in teaching and research. Kwame A. Holmes did not graduate from Dartmouth. However, after graduating from Florida A+M University in 2003, he began a doctorate in history at the University of Illinois--Urbana Champaign. Having moved to Chicago to write a dissertation on Black-Gay-Urban life in Washington D.C., he attached himself to the leg of John Stevenson and is thrilled to sporadically blog on the Dartmouth Observer. Feel free to email him comments, criticisms, spelling/grammar suggestions. BLOGS/WEBSITES WE READ The American Scene Arts & Letters Daily Agenda Gap Stephen Bainbridge Jack Balkin Becker and Posner Belgravia Dispatch Black Prof The Corner Demosthenes Daniel Drezner Five Rupees Free Dartmouth Galley Slaves Instapundit Mickey Kaus The Little Green Blog Left2Right Joe Malchow Josh Marshall OxBlog Bradford Plumer Political Theory Daily Info Andrew Samwick Right Reason Andrew Seal Andrew Sullivan Supreme Court Blog Tapped Tech Central Station UChicago Law Faculty Blog Volokh Conspiracy Washington Monthly Winds of Change Matthew Yglesias ARCHIVES BOOKS WE'RE READING CW's Books John's Books STUFF Site Feed ![]() ![]() ![]() |
Thursday, January 19, 2006
Will Congress Act to Limit Presidential Powers? The Senate Democrats have begun to speak out against Judge Samuel Alito, whom, this blog has noted before, is going to be bad news for America. CNN notes: The Democrats said they believed Judge Samuel Alito would fail to check what they view as the president's inappropriate expansion of executive power. The Republicans, however, control a 55-seat majority caucus in the Senate, and moderate Republican Arlen Specter has announced that he is in favor of the nominee. Given the amount at stake in this nomination on the subject of executive power, the Democrats must filibuster the nominee. However, the Washington Post , in "More Democrats Say They Will Oppose Alito" reports: A procession of Democratic senators, including two who supported the confirmation of Chief Justice John G. Roberts Jr., said yesterday that they will oppose the nomination of Judge Samuel A. Alito Jr. to the Supreme Court. They warned that he would not provide a judicial check against the expansion of presidential power or be properly vigilant about protecting the rights of ordinary Americans. The New Republic (registration required) has come out swinging against the nominee noting: More important in our view are the central questions of the confirmation hearings: namely, Alito's views about congressional and executive power. We were especially troubled by Alito's vote to strike down the federal ban on the possession of machine guns, on the grounds that Congress had not offered convincing evidence of a connection between machine-gun possession and interstate commerce. Indeed, in his hearings, Alito emphasized that, in his view, Congress needs to explicitly identify the effects of its laws on interstate commerce for them to pass constitutional muster. Alito reaffirmed his view that the Supreme Court's 1995 decision striking down the federal ban on guns in schools was a constitutional "revolution"--a development he seemed to view as positive. And he refused to say that all of the Supreme Court's Commerce Clause decisions of the past 50 years are "well-settled precedents," allowing only that "most" of them are settled. Showing little of Roberts's emphasis on the importance of judicial deference to Congress, Alito raised fears that he would join Scalia and Thomas in overturning a host of federal laws. After all, many of the cases upholding congressional power during the last 50 years are arguably inconsistent with the original understanding of the Constitution; and, if Alito is willing to deny Congress the power to regulate machine-gun possession, it's not unreasonable to fear that he might deny Congress the right to regulate drug possession or protect the environment. Executive power is not the area in which Alito falls short, but at the moment, it is the most important. |