澳洲留学生关于民主决策的作业 [2]
论文作者:英语论文论文属性:作业 Assignment登出时间:2014-09-30编辑:zcm84984点击率:9100
论文字数:3822论文编号:org201409271710382528语种:英语 English地区:澳大利亚价格:免费论文
关键词:总统委员会民主决策澳洲留学生总统权威
摘要:本文是一篇澳洲留学生关于民主决策的作业,现在建立一个委员会,美国人民能够采取适当的措施来对总统权威负责。2009年1月6日, H.R 104法案由密歇根州众议员约翰?科尼尔斯引入了众议院。
group has been traditionally nicknamed the “Gang of Eight.”[8] The nicety in the law has been used and defended by the Bush administration to restrict certain access to covert operations. Former Bush Attorney-General Alberto Gonzales defends the administration’s actions claiming that “it has for decades been the practice of both Democratic and Republican administrations to inform only the Chair and Ranking Members of the intelligence committees about certain exceptionally sensitive matters.”[9]This however, as will be seen, greatly limits the ability for congressional oversight. Bill H.R 104 is necessary to establish an oversight committee with subpoena power to check presidential power to prevent just small group of the executive and legislative branch to be informed of presidential covert actions. First it is necessary to understand the extent of so called unreviewable presidential war powers which consist of; detention by the armed forces, the use of enhanced interrogation techniques, and the use of domestic warrantless electronic surveillance.
It is vital that the Bush Administration be accountable for allowing unreviewable detention by the Intelligence Community and the Armed Forces. Bush Administration officials including former Vice-President Dick Cheney have continuously stated that the ‘war on terror’ will be a long struggle.[10]If the government were able to use its wartime powers without a time constraint, the 5th Amendment would be useless. Detention without due process of law clearly violates the amendment. The 5th Amendment states that “no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury” and “be deprived of life, liberty, or property, without due process of law…”[11] Bush Administration officials claim that the Authorization for Use of Military Force Against Terrorists Resolution (or AUMF), signed by Congress in 2001, gave the President the authority to use 'necessary and appropriate force'[12] against those responsible for the 9/11 attacks and those who harbored them. According to Congressman Dennis Kucinich, however, George Bush has violated ‘his constitutional duty under Article II, Section 3 of the constitution 'to take care that the laws be faithfully executed,’…illegally detaining indefinitely and without charge persons both US citizens and foreign captives.”[13]The Supreme Court has recently struck down the unreviewable war power of detention by the Bush Administration. According to the Supreme Court's opinion in the case Ramdam vs. Rumsfeld…“Whether or not the President has independent power, absent congressional authorization, to convene military commissions, he may not disregard limitations that Congress has, in proper exercise of its own war powers, placed on his powers.”[14] Moreover, Justice John Stevens wrote that ——Exigency lent the commission its legitimacy, but did not further justify the wholesale jettisoning of procedural protections.''[15] Bill H.R 104 is vital, to ensure that the Bush Administration be accountable for allowing unreviewable detention by the intelligence community and the armed forces.
It is vital that the Bush Administration be accountable for allowing unreviewable enhanced interrogation techniques and techniques which were not authorized by theUniform Code of Military Justice.According the Congressman Kucinich “in violation of the Constitution, US law…torture has been authori
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