Thursday, March 18, 2010

The Law Professor of the Nation Takes A Pass On Deem and Pass

Ann Althouse goes to town:
Yeah. Et cetera, indeed. As if procedure is a frivolous sidetrack that only trivial or devious people care about. Barack Obama was a constitutional law professor. Much of constitutional law is about procedural rights and structural safeguards that check power. Justice Felix Frankfurter famously wrote: "The history of American freedom is, in no small measure, the history of procedure." Law professors are seriously engaging with the constitutionality of the "deem and pass," and our erstwhile law professor Barack Obama would imperiously wave procedure aside as a distraction not worthy of his time. Let's concentrate on the end and pay no attention to the means. When the most powerful man in the world says that, we should feel revulsion and alarm.

More at Bret Baier can't get Barack Obama to take a position on the "deem and pass."

1 comment:

wheeler said...

funny, i don't remember hearing her wax eloquent about "procedures" when dubya was tossing out all due process rights for anyone accused of being a terrorist.