Thursday, May 22, 2008

Gillers on How Next Year Is Not The End of The Bush Presidency

In a classic satire piece two years ago in The Nation, NYU ethics prof Stephen Gillers explained how January 20, 2009 is not necessarily the end of the current term.  "It depends on what the meaning of 'four years' is. The Constitution says the President 'shall hold his office during the term of four years.' It does not say 'only four years' or 'four years and not a day more.' "  He might add that the literalist Justice Scalia could uphold that flexibility given the sloppy drafting.  [Alan Childress]

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Under the expanded (indeed limitless) concept of the unitary theory of the executive branch, President Bush, as part of the war on terror and in the name of national security, could declare himself to be president until further notice.

Posted by: W.R. Chambers | May 22, 2008 3:57:27 PM

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