We didn’t invent that authority.
It is drawn from Article Two of the Constitution. And it was given
specificity by the Congress after 9/11, in a Joint Resolution
authorizing “all necessary and appropriate force” to protect the
American people...
Even before the interrogation program began, and throughout its
operation, it was closely reviewed to ensure that every method used
was in full compliance with the Constitution, statutes, and treaty
obligations...
move them, the terrorists would long ago have abandoned the field. And
when they see the American government caught up in arguments
about interrogations, or whether foreign terrorists have constitutional
rights, they don’t stand back in awe of our legal system and wonder
whether they had misjudged us all along.
Obama mentions the Constitution 11 times:
The documents that we hold in this very hall -- the Declaration of Independence, the Constitution, the Bill of Rights -- these are not simply words written into aging parchment. They are the foundation of liberty and justice in this country, and a light that shines for all who seek freedom, fairness, equality, and dignity around the world...
My own American journey was paved by generations of citizens who gave meaning to those simple words -- "to form a more perfect union." I've studied the Constitution as a student, I've taught it as a teacher, I've been bound by it as a lawyer and a legislator. I took an oath to preserve, protect, and defend the Constitution as Commander-in-Chief, and as a citizen, I know that we must never, ever, turn our back on its enduring principles for expedience sake...
First, whenever feasible, we will try those who have violated American criminal laws in federal courts -- courts provided for by the United States Constitution. Some have derided our federal courts as incapable of handling the trials of terrorists. They are wrong. Our courts and our juries, our citizens, are tough enough to convict terrorists...
In our constitutional system, prolonged detention should not be the decision of any one man. If and when we determine that the United States must hold individuals to keep them from carrying out an act of war, we will do so within a system that involves judicial and congressional oversight. And so, going forward, my administration will work with Congress to develop an appropriate legal regime so that our efforts are consistent with our values and our Constitution...
I have confidence that the American people are more interested in doing what is right to protect this country than in political posturing. I am not the only person in this city who swore an oath to uphold the Constitution -- so did each and every member of Congress. ..
We will safeguard what we must to protect the American people, but we will also ensure the accountability and oversight that is the hallmark of our constitutional system. I will never hide the truth because it's uncomfortable. I will deal with Congress and the courts as co-equal branches of government...
That's the challenge laid down by our Constitution. That has been the source of our strength through the ages. That's what makes the United States of America different as a nation...
The Framers who drafted the Constitution could not have foreseen the challenges that have unfolded over the last 222 years. But our Constitution has endured through secession and civil rights, through World War and Cold War, because it provides a foundation of principles that can be applied pragmatically; it provides a compass that can help us find our way...
It is clear that Cheney sees the constitution as something that either gives him power or hinders it while Obama sees the Constitution as the sovereign document that it is. This is why Cheney and his cohorts are wrong and why they need to see the inside of a jail cell. This is one situation where Obama is right on the money.
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