Intermarkets' Privacy Policy
Support


Donate to Ace of Spades HQ!


Contact
Ace:
aceofspadeshq at gee mail.com
Buck:
buck.throckmorton at protonmail.com
CBD:
cbd at cutjibnewsletter.com
joe mannix:
mannix2024 at proton.me
MisHum:
petmorons at gee mail.com
J.J. Sefton:
sefton at cutjibnewsletter.com


Recent Entries
Absent Friends
Bandersnatch 2024
GnuBreed 2024
Captain Hate 2023
moon_over_vermont 2023
westminsterdogshow 2023
Ann Wilson(Empire1) 2022
Dave In Texas 2022
Jesse in D.C. 2022
OregonMuse 2022
redc1c4 2021
Tami 2021
Chavez the Hugo 2020
Ibguy 2020
Rickl 2019
Joffen 2014
AoSHQ Writers Group
A site for members of the Horde to post their stories seeking beta readers, editing help, brainstorming, and story ideas. Also to share links to potential publishing outlets, writing help sites, and videos posting tips to get published. Contact OrangeEnt for info:
maildrop62 at proton dot me
Cutting The Cord And Email Security
Moron Meet-Ups






















« Hype vs. Quality | Main | Open Thread »
October 06, 2006

Agency Law -- Michael

Before we get to the news -- a brief lecture. Bear with me.

Legally, there are different types of agencies in the federal government. One type is an "independent agency." These agencies are essentially creatures of Congress which were specifically created to interpret and enforce Congressional legislation.

The Federal Communications Commission is an example of one such powerful agency. It was created to implement the Communications Act of 1934. It basically reports to Congress. Although the five members of the Commission are appointed by the President, only three can be from the same political party. This ensures that two Democrats are Commissioners when the Republicans hold the White House, and vice versa.

Other agencies are purely creatures of the Executive Branch, which function to execute the President's powers under Article II of the Constitution. The Department of Homeland Security is such an agency.

Now, the news.

Bush.jpg

WASHINGTON - President Bush, again defying Congress, says he has the power to edit the Homeland Security Department's reports about whether it obeys privacy rules while handling background checks, ID cards and watchlists.

In the law Bush signed Wednesday, Congress stated no one but the privacy officer could alter, delay or prohibit the mandatory annual report on Homeland Security department activities that affect privacy, including complaints.

But Bush, in a signing statement attached to the agency's 2007 spending bill, said he will interpret that section "in a manner consistent with the President's constitutional authority to supervise the unitary executive branch."

Signing statements are used by the President to influence future judicial interpretations of a law, in the same way that Congress uses the "legislative record" (committee reports; legislators bullshitting from the floor) to exert the same influence. Note here Bush's reference to the "unitary executive branch." Bush is basically saying: "Fuck you, Congress. This is my agency, not yours, and you cannot supervise it or circumscribe my ability to control it."

Good on you, Mr. President.

White House spokeswoman Dana Perino said it's appropriate for the administration to know what reports go to Congress and to review them beforehand.

"There can be a discussion on whether to accept a change or a nuance," she said. "It could be any number of things."

Should that be controversial? Seems to me that the President should have the last word on what his agencies say to Congress.

Some do not agree.

The American Bar Association and members of Congress have said Bush uses signing statements excessively as a way to expand his power.

No. He is using signing statements to protect the Constitutional responsibilities of the Executive Branch from Congressional encroachments.

Privacy advocate Marc Rotenberg said Bush is trying to subvert lawmakers' ability to accurately monitor activities of the executive branch of government.

Bullshit. Congress has ample legal authority to monitor the executive branch. The principal weapon is Congressional hearings, backed by subpoena power. What Congress does not have is the ability to require executive agencies to report to them.

He [Marc Rotenberg] said the Homeland Security Department has the most significant impact on citizens' privacy of any agency in the federal government.

Homeland Security agencies check airline passengers' names against terrorist watch lists and detain them if there's a match. They make sure transportation workers' backgrounds are investigated. They are working on several kinds of biometric ID cards that millions of people would have to carry.

Earlier, I mentioned the FCC as an example of an independent agency. I chose the FCC just so I could point out that Marc Rotenberg is a dumbshit. The FCC regulates all aspects of the telecommunications industry, and is an order of magnitude more important on privacy issues than anything that DHS could do with respect to the privacy of airline passengers. Why does Marc not get this?

I just told you. He is a dumbshit.


Bush says he can edit privacy reports


digg this
posted by Ace at 10:55 PM

| Access Comments




Recent Comments
SFGoth: "Generation lead? As in lead, follow, or get out t ..."

Pixy Misa: "That done, hi Skip! ..."

cam to cam free: "Oh, of program, you can just read the testimonials ..."

Pixy Misa: "Ah, got it. The HTML for that long item broke the ..."

Pixy Misa: "Hang on a tick, blog has gone wonky. ..."

Skip : "If you're hanging around, head upstairs TECH TH ..."

Skip : "G'Day everyone ..."

best video sex: "Really, I believe this is Wonderful and I hope you ..."

sarah hyland sex tape: "And yet, there are such a lot of questions you'll ..."

watch free xxx movie: "On April 29, 2022, Ulrich Møller-Jørgens ..."

https://www.bestfreeliveporn.com/movies/126.html: "In actuality the mind is a tangled mess of agents ..."

Skip : "They don't let you sleep much here ..."

Recent Entries
Search


Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64