[Mb-civic] the bush record
IHHS at aol.com
IHHS at aol.com
Wed May 3 13:28:13 PDT 2006
Dear A-Letter Reader:
You may think the current President of the United States, the late King of
France and the late Mayor of Jersey City, N.J. don't have much in common -- but
they do.
Frank "Boss" Hague was Mayor of Jersey City from 1917 until his retirement
under a cloud of scandal in 1947. His name is synonymous with early 20th
century big city American machine politics known as "bossism." Told by a
subordinate city employee that an order the Mayor issued could not be carried out
because it was illegal, Hague retorted with a phrase that became infamous -- "I am
the law!"
More elegant and eloquent was the 17th century French monarch, Louis XIV
(1638-1715), who is alleged to have said in reaction to those who wanted to
maintain separation of powers with a guarantee of representative government in
the parliament: " L'État c'est Moi!" -- "I am the State!"
The finality of those words, spoken with a note of casual self-assurance,
made clear the king's determination to have his way. As an absolute monarch,
Louis XIV saw himself as personifying the state and through his deeds,
demonstrated an impetuous disregard for representative government and the will of the
people. Louis believed that "his power was derived from God and that he was
responsible to God alone." Sound familiar?
And now we come to the President of the United States of America, George
Walker Bush, outlaw.
The word "outlaw" suggests the American Wild West (maybe Texas?) and denotes,
according to the dictionary, a fugitive from the law or one who acts
contrary to or forbidden by law, as in an illegitimate seizure of power.
Six months ago I wrote in this space about a report from a publication called
Capitol Hill Blue, concerning an event that was alleged to have occurred in
the White House Oval Office attended by congressional leaders discussing the
extension of the PATRIOT Act. Many provisions of the Act, rushed through
Congress only weeks after the 9/11 terrorist attacks, caused so much concern
that both liberal and conservative groups opposed renewal in the harsh form
President Bush had demanded. (He won; they lost.)
According to Capitol Hill Blue, Republican leaders told Bush that his
unyielding push to renew the worst provisions of the Act without safeguards could
further alienate conservatives: "I don't give a goddamn," Bush is reported to
have said. "I'm the president and the commander-in-chief. Do it my way." "Mr.
President," an aide in the meeting supposedly said; "There is a valid case
that some of the provisions in this law undermine the Constitution." "Stop
throwing the Constitution in my face," Bush retorted. "It's just a goddamned
piece of paper!"
Now comes even more damning evidence that President Bush has intentionally
claimed the authority to disobey more than 750 laws enacted since he took
office, specifically asserting, (forget the U.S. Supreme Court), that he has the
power to set aside any statute passed by Congress when it conflicts with his
interpretation of the Constitution. (See LINK below).
While he has asserted this unprecedented power quietly many times, it came to
light with the disclosure of Bush's domestic spying program, in which he
ignored a law requiring judicial warrants to tap the telephones of Americans. He
has done this by filing "signing statements" - official documents in which a
president lays out his legal interpretation of a bill for the federal
bureaucracy to follow when implementing the new law. The statements are recorded
in the Federal Register.
David Golove, a New York University law professor who specializes in
executive power issues, said Bush has cast a cloud over "the whole idea that there
is a rule of law," because no one can be certain of which laws Bush thinks are
valid and which he thinks he can ignore. A president who ignores the court,
backed by a Congress that is unwilling to challenge him, Golove said, can make
the Constitution simply "disappear." (And what if you are the victim of
this disappearing act?)
Bruce Fein, a deputy attorney general in the Reagan administration, said the
American system of government relies upon the leaders of each branch "to
exercise some self-restraint." But Bush has declared himself the sole judge of
his own powers, he said, and then ruled for himself every time. "This is an
attempt by the president to have the final word on his own constitutional
powers, which eliminates the checks and balances that keep the country a
democracy," Fein said. "There is no way for an independent judiciary to check his
assertions of power, and Congress isn't doing it, either. So this is moving us
toward an unlimited executive power."
Or as Louis XIV or Boss Hague would have said: "I am the law!"
That's the way that it looks from here,
BOB BAUMAN, Editor
EDITOR'S NOTE: The Cato Institute has just published an extensive report
documenting the Bush Administration's ever-growing usurping of power. The report
is titled,
"Power Surge: The Constitutional Record of George W. Bush."
To read the entire report, go to:
_http://www.cato.org/pub_display.php?pub_id=6330_ (http://www.cato.org/pub_display.php?pub_id=6330)
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