Loser McCain's Torture Amendment Gutted
by Matt Stoller, Tue Jan 03, 2006 at 06:38:21 AM EST
The executive branch shall construe Title X in Division A of the Act, relating to detainees, in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power, which will assist in achieving the shared objective of the Congress and the President, evidenced in Title X, of protecting the American people from further terrorist attacks. Further, in light of the principles enunciated by the Supreme Court of the United States in 2001 in Alexander v. Sandoval, and noting that the text and structure of Title X do not create a private right of action to enforce Title X, the executive branch shall construe Title X not to create a private right of action.
In other words, I'm the President, and you can't enforce jack. And McCain got snowed.
I've heard something else about McCain recently, having to do with his personality. Nancy Scola, a friend who I admire very much, says that McCain stands on principle more than most, and that as a progressive she admires that. I do too. But she also points out that he would be a horrible President.
I think the problem with McCain is that he's a loser. I've been told that he's got an independent streak, and he's stubborn as a bull - a navy officer through and through. The problem is that he allow his hatred of lawyers to dominate his work, and so he won't negotiate on the details of political and legal issues. That's why he keeps getting destroyed on his reform agenda. Try to control campaign finance? Fine, we'll just go around you with 501c6's. Want to end torture? Fine, we'll make your amendment unenforceable and meaningless.
And McCain loses patience, declares victory, and goes home. Like all Republicans who aren't tied into the extremist machine, McCain is a loser. He doesn't win. He doesn't get his work done. It might be arrogance, laziness, short-sightedness, whatever. But he loses, again and again and again.