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May 25, 2012
Mark Clayton: Is Hillary's State Dept. hacking Al Qaeda? Not quite
Erika Bolstad: Temple cancels Wasserman Schultz speech
The Kosher Gourmet by Ethel G. Hofman: The former president of the International Association of Culinary Professionals, whose members included the likes of Julia Child, is back with contemporary Shavous cuisine: Ruby Fruit Soup, Sweet Noodle Kugel with Cheese, Key Lime Curd, Calsone Casserole Frittata with Wild Mushrooms, Sun-dried tomatoes and Olives, Baked Tilapia with Pepper Cheese Cream and Brown Sugar Shortbread
May 24, 2012
Jeff Jacoby: The peace process battered Israel's reputation
Michael Muskal: 'Pro-choice' position hits record low, according to poll
Chris Farrell: Are We in a Tech Bubble?
The Kosher Gourmet by Penelope Wall: PHILLY CHEESE STEAKS --- hold the steak!
May 23, 2012
Tony Pugh: More private colleges offering tuition discounts
Mary Beth Franklin: How to Choose the Right Annuity for You
Tina Susman: The wig wasn't enough: Man gets 13 years for posing as his dead mom
The Kosher Gourmet by Emma Christensen:A simple way to do fish right
May 22, 2012
Warren Richey: Can US group challenge overseas surveillance act? Supreme Court to decide
Thomas M. Anderson: Walking Away From a Mortgage
The Kosher Gourmet by Megan Gordon: Enjoy a celebration of the most rich and layered flavors: Black bean, sweet potato and quinoa chili
May 21, 2012
Mark Clayton: Cybersecurity: How US utilities passed up chance to protect their networks
Howard LaFranchi: NATO summit: Who will foot the bill for long-term Afghanistan security?
Chris Farrell : Earn Dividends in Emerging Markets with This WisdomTree ETF
Stephen Whiteside, Ph.D. : Mayo Clinic Medical Edge: Social anxiety disorder --- or just shy?
Guy Jackson : Victim's father regrets death of Lockerbie bomber
The Kosher Gourmet by Mario Batali: Famed chef's veal shoulder farsumagru: A festive meat course for late spring
May 18, 2012
Rabbi Berel Wein: Striving: The People of the Book's Book for (All of) the People
Steven Goldberg: 5 Great Stock Picks and the Exchange-Traded Fund that Owns Them
Mary Pickett, M.D.: Ask the Harvard Experts: Don't be forced into gluten-free lifestyle based merely on a doctor's false-positive test
The Kosher Gourmet by Carolyn Malcoun: DIY healthy lunchbox treats: HOMEMADE FRUIT BARS for kids and brown-bagging adults alike
May 17, 2012
Warren Richey: Teacher fired for being unwed and pregnant can sue religious school, court rules
Josh Mitnick: Netanyahu's 'centrist' coalition is already proving it's anything but
Steven Goldberg: Earn Dividends in Emerging Markets with This WisdomTree ETF
Amina Khan: Research links coffee to lower death rates
The Kosher Gourmet by Faith Duran : Cheesy Potato Breakfast Casserole with Cheddar and Sun-Dried Tomatoes
May 16, 2012
Carmen Terzic, M.D., Ph.D. : Mayo Clinic Medical Edge: A variety of exercises can help improve balance
Melissa Healy: National strategy on Alzheimer's disease aims to halt it by 2025
The Kosher Gourmet by Joyce White : GOODNESS GRACIOUS: GREENS! 4 winning recipes that are no longer just for down-home folks (Includes expert tips & techniques)
May 15, 2012
Kristen Chick: Obama administration resumes arms sales to Bahrain despite serious unresolved human rights issues. Activists feel abandoned
Pat Mertz Esswein: Homes are now affordable again and mortgage rates are low. What you need to know before you buy
Kathy Kristof: Our Practical Investor Fights Inflation with These 6 Investments
Sue Hubbard, M.D.: The Kid's Doctor: Lactose intolerant young child? Check again
The Kosher Gourmet by Kathy Hunt: Spread a Little Excitement with EXOTIC CONDIMENTS (4 RECIPES)
May 14, 2012
Lisa Gerstner: How to Protect Your Identity, Finances If You Lose Your Phone
Harvard Health Letters: Heart disease and dementia
The Kosher Gourmet by Megan Gordon: MANGO COCONUT OAT MORNING MUFFINS are a bright but hearty delight
May 11, 2012
Jessica L. Anderson: Get the Best Deal on a Used Car
Jett Stone: Forget face-lifts and fake knees. Scientists have seen the fountain of youth --- and it's broccoli
The Kosher Gourmet by Chef Mario Batali: The famed chef's vegetable dish that tastes true to the season: FAVAS AND SUGAR SNAP PEAS WITH POTATOES AND TARRAGON
May 10, 2012
Sergei L. Loiko: Putin sends warning to U.S., NATO in Victory Day speech at Red Square
Mary Rourke: How being a 'mentch' got Vidal Sasoon his start and fighting in Israel's War of Independence provided him with confidence and a strong sense of his own identity
Jeff Bertolucci: Get Home Phone Service for Less Than $10 a Month
The Kosher Gourmet by Betty Rosbottom: Gleaming with its golden, crimson, and snowy white hues, this silken smooth and creamy STRAWBERRY ORANGE TRIFLE looks impressive, but is easy to prepare
May 9, 2012
Sharon Palmer, R.D. How you can reduce your risk -- or delay -- chronic diseases associated with aging
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Jewish World Review
March 23, 2007
/ 4 Nissan, 5767
A familiar scenario
By
Paul Greenberg
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http://www.JewishWorldReview.com |
It's happened: An increasingly unpopular president has been confronted by a congressional subpoena for information about political decisions made at the highest levels of the executive branch.
The president well understands the danger of making one branch of the government privy to the confidential discussions of the other. For to grant Congress the power to compel testimony from his top-ranking aides is to upset the delicate balance between supposedly co-equal branches of government. How equal can they be if the legislative branch is given access to the candid, confidential discussions of the executive?
How long will such discussions remain candid if the president's aides and future aides realize that what they say in confidence may not remain confidential? Do we the people really want to deprive our presidents of such counsel? That's another reason for recognizing executive privilege: to assure that some confidential discussions remain confidential. Without that assurance, any advice a president receives might soon lose its value, for presidential advisers might not dare say what they really think.
Rather than heed the congressional summons, the president explained that, if he did, the constitutional separation of powers "would be shattered, and the president, contrary to the fundamental theories of constitutional government, would become a mere arm of the legislative branch of the government (for) he would feel during his term of office that his every act might be subject to official inquiry and possible distortion for political purposes."
The president who made that point wasn't George W. Bush this week but Harry S Truman in November of 1953, when the House Committee on Un-American Activities subpoenaed him to testify about what he knew about communists in government and when he knew it.
Mr. Truman knew better than to let that bunch start rummaging through his or his administration's confidential papers and discussions. After all, he'd once been a member of the U.S. Senate himself. And, as such, quite an investigator. If he hadn't defended the independence of the executive branch, his presidency and every successive one would surely have been significantly, maybe fatally, weakened.
Harry Truman was in good company. The doctrine of executive privilege is almost as old as the Constitution itself, and flows naturally from its separation of powers and creation of independent branches of government to check one another, not dominate another.
Executive privilege has been invoked by presidents going back to George Washington in 1796. Among others who've cited it were Presidents Jefferson, Monroe, Jackson, Tyler, Polk, Fillmore, Buchanan, Lincoln, Grant, Hayes, Cleveland, both Roosevelts, Coolidge and Hoover. And, in more recent times, Richard Nixon and Bill Clinton.
Speaking of the latter, the courts certainly have the right to allow subpoenas in order to obtain evidence of a crime like Richard Nixon's White House tapes or Bill Clinton's grand jury testimony. Hence the attempt to manufacture a crime out of this president's decision to replace eight federal prosecutors all political appointees. Call it trial by media.
If you still think letting Congress force the president's top advisers to testify under oath is a good idea, consider what would happen if the tables were turned, and the executive branch were allowed the same power over the legislative branch. Instead of Democratic congressmen getting to grill aides like Karl Rove and Harriet Miers under oath, suppose Rove & Co. could make Hillary Clinton or Chuck Schumer or Ted Kennedy reveal the details of their confidential political discussions?
The power to subpoena is the power to destroy. As Harry Truman well knew. Here's hoping George W. Bush does. Because if he allows Congress to invade the confidences of his presidency, he will pass on a much weakened executive branch to his successors. On this issue he needs to stand fast.
For now this president seems to be trying to reach some halfway, or maybe quarter-way, compromise with his critics in Congress. He's offered to let them question his top aides off the record, with no transcript recorded or notes taken, and certainly not under oath. But surely that gesture would not satisfy congressional inquisitors. And it smudges what ought to be a clear line between separate, independent branches of government.
Rather than play such games, this president like a long line of his predecessors should hold fast to his principles. The integrity of the executive branch of government, along with the separation of powers in a constitutional republic, depends on it. He shouldn't budge.
And if George W. Bush is tempted to, somebody should direct him to Harry Truman's letter of November 13, 1953, to the House Committee on Un-American Activities. Or to one of Alexander Hamilton's Federalist Papers on the need for a strong executive independent of the legislative branch not under its thumb.
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JWR contributor Paul Greenberg, editorial page editor of the Arkansas Democrat-Gazette, has won the Pulitzer Prize for editorial writing. Send your comments by clicking here.
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