Wednesday, January 11

RIGHTS CAN ONLY BE SUSTAINED BY STRUCTURES PUT IN PLACE TO PROTECT THEM

Great close to a National Journal essay comparing the executive powers exercised by previous U.S. wartime presidents and Bush:

The notable exception among wartime presidents was James Madison. Though the War of 1812 was a dire crisis (New York was invaded, New Orleans was attacked, Detroit fell, the White House itself was burned), Madison undertook no extra-legal maneuvers. Toward the end of his long life, he reflected that the American Framers were distinguished not by their understanding of rights but by their appreciation of institutions. "The rights of man as the foundations of just government had been long understood," he said, "but the superstructures projected had been sadly defective." Structure, Madison understood, was the key to sustainability.

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