6,630. 2/2/2006

“The American Bar Association and a host of prominent American constitutional scholars from all political denominations have argued that there is no court decision or legal precedent that supports President Bush’s contention that his constitutional authority allows him to override or disregard an act of Congress or the Constitution. This argument was laid out in a lengthy February 2, 2006, letter to Congress written by fourteen distinguished constitutional law scholars, including Harold Hongju Koh, the dean of Yale Law School, and the former heads of the Stanford and University of Chicago law schools, who wrote, ‘The argument that conduct undertaken by the Commander-in-Chief that has some relevance to *engaging the enemy* is immune from congressional regulation finds no support in, and is directly contradicted by, both case law and historical precedent. Every time the Supreme Court has confronted a statute limiting the Commander-in-Chief’s authority, it has upheld the statute. No precedent holds that the President, when acting as Commander-in-Chief, is free to disregard an Act of Congress, much less a criminal statute enacted by Congress, that was designed specifically to restrain the President as such.’ ”

 – Matthew M. Aid, The Secret Sentry, Pages 295-296

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