W's DoJ [update, 11:15 p.m.]

There's simply too much to be said regarding the recently released memos from W's DoJ.

I'll fall back on my standard:

William Roper: So, now you give the Devil the benefit of law!

Sir Thomas More: Yes! What would you do? Cut a great road through the law to get after the Devil?

William Roper: Yes, I'd cut down every law in England to do that!

Sir Thomas More: Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down, and you're just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!
[Robert Bolt's A Man for All Seasons; emphasis added]

In addition, I'll refer folks to Article II of the U.S. Constitution - it's very short. If you can find anything there supporting the Yoo/Bybee arguments regarding "Commander-in-Chief Powers", please let me know!

Oh, heck: Article II, section 2 is short enough to post the whole thing here!

Section 2. The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.


He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.


The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

I'll note in passing that the President is the "commander in chief" of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States.
He is not the omnipotent COMMANDER IN CHIEF of the Nation, its police, its courts, or its citizens.

[update: Do any "strict constructionists" see their way clear towards affirming that Article II grants unlimited power to the Executive? How 'bout "original intent" folks?
Me - I'm more an "original intent"-er... and what I see in "commander in chief" is the INTENT to establish civilian control of the military and a clear, unambiguous chain of command!
Comments?]