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Saturday, April 29, 2006

Let's Compare Bush With Hitler. Seriously.

BUSH IS NOT HITLER, I

1. Bush had two Time covers, Hitler only one.

2. Hitler obtained an explicit Constitutional Amendment in the German Reichstag, the Enabling Act, to establish his dictatorial powers. The language was clear and unequivocal, e.g., Article I said in part: “In addition to the procedure prescribed by the constitution, laws of the Reich may also be enacted by the government [that is the office of the Reichs Chancellor, Hitler] of the Reich; Article II said in part: “Laws enacted by the government of the Reich may deviate from the constitution as long as they do not affect the institutions of the Reichstag and the Reichsrat [a body representing the German regions];” Article III said in part: “Laws enacted by the Reich government shall be issued by the Chancellor and announced in the Reich Law Gazette. They shall take effect on the day following the announcement, unless they prescribe a different date. Articles 68 to 77 of the constitution do not apply to laws enacted by the Reich government. [Articles 68 to 77 stipulated the procedures for enacting legislation in the Reichstag].”

Bush is not developing his dictatorial powers by obtaining a Constitutional Amendment, rather more difficult to secure under the US Constitution than under the Weimar Constitution of Hitler’s time. Rather Bush is using a creative reading of the US Constitution as to what “Commander-in-Chief” means, to start with. Then, he is broadly interpreting a particular (“Use of Force”) resolution of Congress -- one that has no language establishing a dictatorship -- an act of Congress, the USA “Patriot Act” that, itself, violates the Constitution by vitiating the Fourth, Fifth and Sixth Amendments, and is explicitly ignoring the provisions of another act of Congress, the Foreign Intelligence Surveillance Act that among other things requires warrants, secret though they may be, for all searches carried out under its authority. Bush, unlike Hitler, is not using Constitutional law to establish his dictatorship. He is just doing it.