Suntou:
In the USA, Executive power lies at the intersection of law and politics, and the balancing act, in particular circumstances, can be very fine indeed. When you consider the question of the farthest contours of Presidential authority, I urge you to simultaneously appreciate that you are dealing with the most advanced rule of law system in the world, in so far as justiciable domestic disputes are concerned.
A case in point was the matter of Terri Schiavo, a severely brain-damaged Florida woman whose husband went to the Florida State courts to have her feeding tube removed on the grounds she would not have liked to live in the indignity of what is known as a ‘persistent vegetative state’. The courts agreed with the husband notwithstanding the strong protestation of Schiavo’s parents against removing her feeding tube on the grounds there was a possibility she could recover.
In defiance, and for the purpose of legislatively staying a Florida State District Judge's order, and have the feeding tube reinserted, Governor Bush of Florida engineered and shepherded what came to be known as “Terri's Law” through the Florida Legislature. On a legal challenge, the Florida Supreme Court declared the law unconstitutional and had it vacated. The US Supreme Court declined to hear the appeal of the State of Florida, and Governor Bush, with all his ostensible power and influence was decisively defeated.
As if the legal position was not adequately amplified at the State level, the monumental and bottomless system that is the US federal machine sprung into action at both legislative and executive levels. In line with his right wing social values, President George Bush – the Governor’s elder brother - signed a Congressional bill transferring jurisdiction from the Florida State system, to the federal judiciary, i.e., to a US District Court in Florida. Accepting the logic and the thinking of the State courts, the Federal court ruled against reinserting Schiavo's feeding tube, and upon appeal, the Atlanta-based 11th Circuit Court of Appeals affirmed the lower Court. Without comment, and for the second time, the United States Supreme Court declined to hear the matter. In the final analysis, the feeding tube was removed, and Schiavo died within weeks.
As the United States is a secular society, I urge that you relegate any religious views on the matter to the recesses of your mind, and consider this heart wrenching case on the principles under-girding the rule of law, and its integral doctrine of the separation of powers in a modern democracy. As a justiciable dispute, the Schiavo matter fell squarely within the competence of the courts to hear and decide. In the performance of its constitutionally assigned function, the judiciary at both levels of the American federal system withstood the combined overbearing pressure of state and federal legislative and executive power and upheld the rule of law.
And you must always remember that these seminal decisions originated in single judges, thereby confirming the magic and intensity of accountable power in the United States. And even more poignantly, state and federal politicians at both executive and legislative levels graciously accepted defeat and moved on. They fought a good and intense fight, but when all was over, they embraced the result by characterising it as a victory for the American system.
Injunctions are tools in the arsenal of judicial authority, and when there is a justiciable dispute where a court takes the view that an injunction appears to be appropriate, it would likely be granted. However, in so far as Constitutional allocation of authority is concerned, foreign policy is principally the domain of the Executive. Even here, there is a role for the Congress, for the Senate to be precise. The President’s ambassadorial appointments are subject to Senate approval. There are foreign policy oversight committees in both the House of Representatives, and the Senate, but the fact remains that this is Executive territory.
As a result, the Judiciary is quite deferential to the Executive on questions of international affairs, especially where there are no starkly justiciable issues at stake. In Federal jurisprudence, it is called the ‘political question’ principle. The Executive, with its army of lawyers, plays the system and persistently operate at the very extremes of permissible authority. And since your concern is about the projection of American power overseas, injunctions may be of scant use. Regardless of who inhabits the Oval Office, the person must, even if in ameliorated form, continue the hawkish application of American power overseas.
Welcome to the world of human contradictions, but as human systems go, the American is unquestionably one of the finest, if not the finest, in the world.
LJDarbo
--- On Fri, 6/6/08, SUNTOU TOURAY <[log in to unmask]> wrote:
From: SUNTOU TOURAY <[log in to unmask]>
Subject: Re: Shine Obama!/Uncle Suntou
To: [log in to unmask]
Date: Friday, 6 June, 2008, 6:52 AM
Mowdo yero, we hope for the best. but the speech has raise some eyebrows among
the Arab/Asian circles in my place of study but as i said politicians are after
the votes. like a u.k tv programm, ' i will do any thing'.i concor with
what Lj stated, special interest groups, i wonder how our own political
landscape fits into this. one would wish our resident political scientist and
veterant journalist/writer would have commented on vital issues like this, i
mean Baba ofcourse. this special interest groups, i ask LJ whether there can be
any legal injunctions in curbing their enomous powers. in the u.k we see a
commission set-up to investigate political donors, is the behaviours and
conducts of this men or women acceptable? i wonder what the Global democracy
project directors will see this sensitive issues in the arena of global
democratic discourse. i wonder.
Y Jallow <[log in to unmask]> wrote:
http://thepoint.gm/
Now he [Obama] got the nomination.
Those
that were thinking America won't do this one, here again, they proved
you wrong. It was certainly a hard journey for him but he made it to
the front line.
Congrats to Obama & Hillary!
Congrats to all the American people, and the whole world as a whole that
sincerely made it fruitful.
Ditto!
Uncle Suntou,
Your supplication is answered. You have to pray more so guidance is on his
side. I think his emphasis
on peaceful co-existence is a fair deal, but I also disagree with some other
parts therein. I understand
for him to get those so-called xxxxx votes, this is what he have to say.
xxxx- would mean tribes/races/religious secs, et ceteta...
Let us see how his umbrella will try to get the Muslim votes as well....
There is also what is called 'interest', like LJD mentioned.
I wish him God's guidance.
Regards & thanks all,
YJ.
> Date: Tue, 6 May 2008 17:25:47 -0500
> From: [log in to unmask]
> Subject: Re: Shine Obama!
> To: [log in to unmask]
>
> My dearest Suntou,
>
> If that’s your wish and supplication, so be it! Just avoid being
overwhelmed, but all I can tell you is that the super delegates, primaries and
the caucuses are speaking a clear language. I wish Obama all the luck he
deserves in this endless campaign.
>
> Regards,
> YJ
>
>
>
>
>
>
>
>
>
> > Date: Tue, 6 May 2008 22:53:16 +0100> From:
[log in to unmask]> Subject: Re: Shine Obama!> To:
[log in to unmask]> > thanks yero. did he win the
nomination?> > Y Jallow wrote: Shine Obama!> > By YJ> > >
The ebony shines of that heroic spirit> It can only be the centuries’ hero
at work> Whose wisdom shatters division> And bridges ‘unity’ and
‘hope’> During day and night.> > > The roars of the super
Tuesdays > The roars of pledged delegates> The roars of the super
delegates> All crowning only that heroic spirit> During day and
night.> > > Shine, Obama shine!> Rise, Obama rise!> Live, Obama
live!> Ring, Obama ring!> Win, Obama win!> > >
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