Woodruff wrote:PLAYER57832 wrote:Woodruff wrote:PLAYER57832 wrote:A president HAS to be above the law in some respects, because he is part of the law.
I must stridently disagree. In fact, I cannot disagree enough. Those who are part of the law are the ones who MUST be as perfect as possible regarding the law and CANNOT be seen as being above the law.
It depends on the context. In the big sense, I agree.
I cannot think of a single context in which I would find it acceptable that the President (or anyone else within the framework of "part of the law") would be held above the law.
Well, any emergency personnel is allowed to disobey certain traffic laws in some circumstances. A president has responsibilities and liberties beyond that of an average citizen.
In a fire, my husband has the absolute authority to cross boundaries, violate not just "no tresspassing" signs, but encroach upon federal and state regulated lands, etc. In that sense, he is "above the law". But, he also operates within the law. The same applies for the president in many other circumstances. Whether you like the circumstances, agree it is appropriate has to do with your view of the overall politics.
PLAYER57832 wrote:The issue with the president is that he can change the law.
He does? I always thought he signed off on laws that were passed by Congress. The President should not be changing laws.[/quote]
They work in concert, but the president has a great deal of power in how laws are implemented. Case in point, Bush telling EPA, etc to ignore certain water quality laws he did not agree with.
The issue is not that he has that power, the issue is whether you like the outcome. Those who like it cheer and say he was "operating within his legal authority". Those who don't say "he exceeded his authority.
Now, whether Obama or Bush or any other president has stepped beyoond what is appropriate is a different argument. (mostly, they do) However, that they have that basic right is not really an argument, only the situations under which it might apply.
PLAYER57832 wrote:This is the case when it comes to withholding information. Mostly, we only find out long after the fact whether his actions were appropriate or not. Even then, there is always disagreement depending on various goals and outcomes. (some people dislike Obama because he did not do enough xyz, others because he did too much xyz) Also, he is constantly subject to attacks by partisan opponents, more even than other politicians, to the extent that some basic protection is needed so he can actually run the country instead of fighting traffic tickets and such every day.
I still disagree. You see, we have laws against harassment...and if ANYONE can get action taken in regards to actual, real harassment, it's the President. As for "fighting traffic tickets and such every day", he doesn't need to...if someone's "saying something bad about you that's not true"...ignore it...you're the freaking PRESIDENT...you got better things to do.[/quote]
Well.. he doesn't need to "fight traffic tickets" because it is firmly established that he is not subject to certain such laws. Now, we take it as a matter of course, but each of these things had to be fought for individually. I am not going to get into the whole deal because I am not an attorney (have a general knowledge, but not specific) and it gets VERY bogged down, but basically the Mayor of DC or any other city has almost no power over the president. They do have power over the rest of us. Now, most presidents, will try to honor local laws out of respect and because local ordinances generally come about for real reasons, but it is usually not a legal requirement.
As for the first... I actually agree that what you are saying is how it probably should be. I am just saying it is not. Also, you are thinking a bit narrower than I am. Again, you are thinking of specific circumstances that you dislike.
To get back to the emergency situation, in ordinary times, our privacy rights are pretty firm. However, in wartime.. we pretty almost automatically lose some of those rights. This is, not ironically, why Bush made this a "war" on terror. Because therein, he tried to pull in all sorts of powers only afforded a president in time of war. The battle we have right now is over whether that is true or not... both whether restrictions considered normal or warranted 100 years ago still apply today, in the internet age, etc. AND, whether this truly is a "war", etc. (I don't feel it truly is, not in the sense of our constitution).
But here is the thing.. anybody has whatever power they take until it is challenged. This is true if you decide to build a fence on your neighbor's property or if the President decides he has (or needs) other powers. Then you bring the issue to court and the courts decide. Recent presidents have been very sneaky about taking liberties. Then by placing "sympathetic" justices, they ensure that the courts will allow them to keep these powers, if not by affirmation, then simply by refusing to consider or rule on challenges to them.