"Bonanza" Meets Der Furor

It's no secret that Der Furor and his advisors have a hugely expansive view of presidential power and authority, centered in their theory of the Unitary Executive*. But perhaps recognizing that kingly powers rooted in a "because I said so" theory of governance might not fare well in courts which rely on precedent and actual evidence, administration lawyers have been seeking out laws still on the books** which were enacted for particular times and sets of conditions, but could be repurposed to meet the political needs of the present. New York Times opinion columnist Jamelle Bouie wrote about this in a recent article in which he quoted associate professor of law at the Northern Illinois University College of Law Evan Bernick, who wrote, 

“This administration is excavating statutes that have no business being on the books in their current form at all. It’s abusing them, sure, but they should not exist to be abused.”

When I read Mr Bouie's article, I was reminded of a funny episode of the old TV series Bonanza, about the adventures of the Cartwright family on Nevada's Ponderosa Ranch in the late 1800s. In the 1969 episode titled "Another Windmill to Go," an eccentric Englishman named Don Q. Hought was found rowing a horse-drawn rowboat across the Ponderosa ... 

Everyone thought he was crazy until he filed a lawsuit claiming ownership of the ranch, based on an old grazing law - still on the books - which allowed a man to claim ownership of as much land as he could row across in a given period of time. Of course, he never got the Ponderosa, but his point was not to actually get the ranch, but to expose the potential for abuse of a silly, obscure, outdated law.  

I don't know how far we have to row to expose the abuse of outdated laws, but I hope we find out and do it quickly. 

Have a good day. More thoughts tomorrow, when we crown the Right-Cheek Ass Clown for the month. See you then.

Bilbo

* What we used to call a "king" in more thoughtful times. I wrote about this in a post back in May of this year.

** Such as the Alien Enemies Act of 1798 (50 USC Chapter 3, §21-24) and the Insurrection Act of 1807 (10 USC §251-255). Both are so loosely written as to be ripe for abuse by a weak yet power-hungry president seeking to project an image of strength.