Where the White House explains it is charge of deciding laws are unconstitutional
Me: But isn’t it the Supreme Court that’s supposed to decide whether laws are unconstitutional or not?
Tony: No, as a matter of fact the president has an obligation to preserve, protect, and defend the Constitution of the United States. That is an obligation that presidents have enacted through signing statements going back to Jefferson. So, while the Supreme Court can be an arbiter of the Constitution, the fact is the President is the one, the only person who, by the Constitution, is given the responsibility to preserve, protect, and defend that document, so it is perfectly consistent with presidential authority under the Constitution itself.
Okay, that's pretty disturbing, but I think there is another very telling part of this exchange. What brought it up was good ol' John "Separation of Powers is just a suggestion" Yoo recent (repeated) assertions that the President can just ignore court decisions if he wants. Yoo was behind the infamous, and since disavowed, torture memos that said anything short of organ failure was cool. His recent op-ed was much derided by progressive blogs and commentators. Well, when Snow is asked about Yoo's comments, there's this "great" moment:
Tony: So, who was John Yoo deputy assistant attorney general for?That's right, you know about the recent history of this "war on terror" and the Bush administration than Tony Snow, who literarily has no fucking idea what he's talking about.
Me: Um, President Bush.
Tony: OK. Was he really?
Other reporters: Yeah, yeah. The architect.
Tony: Wow. He was the architect of this….WOW! This is great! In any event, uh…boy, I stepped in that one, didn’t I? (laughter) Uh, but the fact is that the theory here all along has been that you don’t do it to evade your constitutional obligations, but, in fact, to meet them.
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