"To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained?" -- Chief Justice John Marshall, Marbury v. Madison, 1803 Verschärfte Vernehmung
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Were Bush/Rumsfield/Cheney to loose a war, there is no doubt they would be charged with war crimes. The only reason they are not in jail/executed is because they have not lost a war.