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Legal Commentary

: Balkinization

Life in a "constitutional dictatorship" (continued)

By Jack M. Balkin

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Dan Froomkin's blog for the Washington Post asks "Are We Closer to War?" The question, and most of the post, is sparked by the unceremonious dumping of Adm. William Fallon as head of the overall Middle East (and Afghanistan) command following his comments in an Esquire article about the unwisdom of going to war with Iran. Yes, I know that Adm. Fallot "voluntarily" resigned, but only after, apparnetly, Secretary of Defense Gates stopped returning his calls. Froomkin suggests a linkage between the Israeli attack on Syria (to smoke out the defensive electronics of recently acquired equipment from Russia) and the Cheney trip to the mideast re the possibility of a new war.

As always, although Hillary talks about a bill that would require congressional approval before action in Iran (which, I assume, Senate minions of the President would filibuster and/or the "Great Decider" would simply veto), we know at the end of the day that the decision is up to the President, and there is, practically speaking, not a damned thing we can do about it prior to the joyful day next January on which he is replaced (though McCain might be every bit as bad in his Irano-phobia). That's what it means to live in a constitutional dictatorship. Would that some pundit be as interested in that reality of our system as much as the Democratic Party rules on choosing a candidate. Or perhaps Obama might point out the dictatorial (as well as racist) overtones of the "3AM" ad. Certainly Hillary's husband didn't seem to think that Congress had any real say on sending troops to Haiti or initiating war with Serbia. Did he ask her advice on the matter? And what did she say? Inquiring minds would like to know.

Have a good day (while watching your retirement accounts dissipate because of $110/barrel oil that is financing Wahabi fundamentalists in Saudi Arabia and our ostensible enemies in Iran). Though what would be the price of oil the day after an American attack on Iran? Perhaps we'll have the opportunity to find out, thanks to our Constitution.

Full post as published by Balkinization on March 13, 2008 (boomark / email).

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