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February 10, 2012
Lisa M. Krieger: Man with defibrillator demands access to his own heart's information
David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
February 9, 2012
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Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
February 8, 2012
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
February 7, 2012
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Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design
February 6, 2012
Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
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Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
August 29, 2007
/ 15 Elul, 5767
Institutional abuses of rule of law rampant in America's political system
By
Robert Robb
http://www.JewishWorldReview.com |
The resignation of Attorney General Alberto Gonzales puts a spotlight on
how precarious is the rule of law in America's political system, although
not for the reasons partisans will think.
The problem isn't the Bush administration's disregard for the rule of law,
as Democratic partisans will have it. Nor is it the pummeling of the
nation's top law enforcement officer by Democrats for political gain, as
Bush loyalists will have it.
The problem is institutional.
The essence of the rule of law is the impartiality of the administration of
justice, that outcomes aren't affected by status.
The notion that the Bush administration has unusually injected politics
into the Justice Department is historically fanciful. John Kennedy
appointed his brother and chief political advisor as attorney general.
Richard Nixon appointed his campaign manager.
Nor has any Democratic critic offered a plausible explanation of why firing
eight U.S. attorneys at the start of a second term, as Bush did, is more of
an injection of politics than firing all of them at the start of a first
term, as Bill Clinton did. Clinton is also the only president to fire the
FBI director he inherited since a ten-year term was established for the
position after the Hoover era.
There is some indication that there was political pressure to move some
voter fraud investigations along. However, the main issues over the
administration of justice in the Bush administration are matters of policy,
not politics.
Bush has asserted a very expansive view of the inherent powers of the
presidency to protect the country against terrorist attack. I've been
sharply critical of some of these assertions, particularly with respect to
the warrantless surveillance program, which I believe violated both the
Fourth Amendment and the Foreign Intelligence Surveillance Act. However,
the Bush position is not without legal foundation.
Several courts have referred to the president's inherent right to gather
intelligence to protect the country, although the contours of that
authority haven't been judicially mapped. This Supreme Court has held that
the congressional authorization of force resolution against al-Qaida after
the 9/11 attack triggered the president's war powers, which certainly
include gathering intelligence about enemy activities.
Having an attorney general who forcefully articulates and defends the
president's legal position on his anti-terrorism powers isn't injecting
politics into the administration of justice.
Nevertheless, the institutional protections for the rule of law are
uncomfortably weak in our system.
There is, first of all, a fusion of responsibilities that should be
separated. All organizations, including governmental ones, need their own
lawyers to advise and defend them. That's simply a reality of our highly
legalistic and litigious world.
Law enforcement, however, should be separated from this advise-and-defend
role. The president's chief legal advisor and defender shouldn't also be
the top prosecutor.
The ten-year term of office for the director is intended to partially
buffer the FBI from political influence. However, as Clinton demonstrated,
the director still serves at the pleasure of the president.
At the federal level, the most successful model for achieving appropriate
political accountability but operational independence is the Fed. There is
an ethic of independence that guides the appointment process. Board members
are appointed for a single 14-year term, and they can only be removed for
cause.
The powerful chairman is appointed from the board for a four-year term, but
the term spans the presidential election cycle, at least partially
buffering monetary decisions from the political calendar.
The institutional protections for the rule of law are even weaker at the
state and local level. If judges and prosecutors are elected, those
positions will be filled by politicians who will be inappropriately
influenced by political considerations. To assert otherwise is to defy
everything we know about human nature and the political process.
The rhetoric surrounding Gonzales' tenure and resignation is badly
misdirected. A constructive reaction would be to thoughtfully sort out the
functions of the Justice Department, and separate the advise-and-defend
role from the law enforcement role. And then provide additional
institutional protections to the independence of the prosecutorial
function.
Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
JWR contributor Robert Robb is a columnist for The Arizona Republic. Comment by clicking here.
Robert Robb Archives
© 2007, The Arizona Republic
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