The Bush Push for an Imperial Presidency
The Bush Push for an Imperial Presidency
By Jim Hightower
Copyright by The The Hightower Lowdown
A fellow from a town just outside of Austin wrote a 4-sentence letter to the editor of our local daily that astonished me:
"I want the government to please, please, listen in on my phone calls. I have nothing to hide. It is also welcome to check my emails and give me a national identification card, which I will be proud to show when asked by people in authority. What's with all you people who need so much privacy?"
Well, gee…where to start? How about with the founders? Many of the colonists who rose in support of the rebellion of '76 did so because their government kept snooping on them and invading their privacy. Especially offensive was the widespread use of "writs of assistance," which were sweeping warrants authorizing government agents to enter and search people's homes and businesses—including those of people who had nothing to hide.
The founders had a strong sense of the old English maxim, "A man's house is his castle." They hated the government's "knock at the door," the forced intrusion into their private spheres, the arrogant abrogation of their personal liberty. So they fought a war to stop it. Once free of that government, they created a new one based on laws to protect liberty—and this time they were determined to put a short, tight leash on government's inherently abusive search powers.
Hence, the Fourth Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Periodically in American history, presidents have tried to annul our basic right to be left alone. John Adams imposed the infamous Alien and Sedition Acts. Lincoln suspended habeas corpus during the Civil War. Woodrow Wilson conducted the Palmer Raids. FDR interred Japanese-Americans and others. And LBJ and Nixon used the COINTEL program to spy on war protestors and civil rights activists, including Martin Luther King, Jr.
In each case, however, the abuses were temporary. Americans rebelled and gradually brought the government back into line with our country's belief that privacy, a basic human right, is a cornerstone of democracy.
Bush's push
Now comes the BushCheney regime, pushing the most massive and rapid expansion of presidential might America has ever known. "I believe in a strong, robust executive authority," growled Dick "Buckshot" Cheney, architect of the power grab. He adds, "The president of the United States needs to have his constitutional powers unimpaired, if you will." I wouldn't, but they're nonetheless asserting an imperious view of unlimited executive power that is foreign to our Constitution, demolishes the founders' ingenious system of checks and balances (key to the functioning of our democratic republic), and transforms America's government into a de facto presidential autocracy.
Their push includes a White House program of domestic spying so sweeping that it would make Nixon blush; an audacious claim of a unilateral executive right to suspend treaties and ignore U.S. laws; an insistence that a president can seize U.S. citizens with no due process of law and imprison them in CIA "black sites" or send them to foreign regimes to be tortured; a series of new plans for military spying on the American people; the repression of both internal dissenters and outside protestors; an all-out assault on the public's right to know; and…well, way too much more.
The rise of a supreme executive is such a fundamental threat to our constitutional form of government— and to who we are as a people— that the Lowdown will devote both this issue and next month's to it. The media barons have covered this rise only sporadically and disjointedly, but it's important for We The People to see the frightening whole of it… and launch the rebellion of '06.
NATIONAL SECURITY AGENCY. Richard Nixon is the godfather of the BushCheney philosophy of executive supremacy. "Well, when the president does it, that means it is not illegal," Tricky Dick explained to us some 30 years ago. This plenipotentiary view of the American presidency (which would send shivers through the founders) is behind the unilateral, secret, and illegal directive issued by Bush in 2001, ordering the NSA to spy on ordinary Americans. It's now conceded that untold thousands of citizens who have no connection at all to terrorism have had their phone conversations and emails swept up and monitored during the past four years by NSA agents.
This is against the law. First, Bush's directive blatantly violates the Fourth Amendment, for it sends his agents stealing into our lives to search our private communications without probable cause and without a warrant. Second, it goes against the very law creating NSA, which prohibited the agency from domestic spying without court supervision. Third, it bypasses 1978's Foreign Intelligence Surveillance Act, which set up a special FISA court specifically to issue secret warrants so a president could snoop on Americans suspected of being connected to terrorists. Going around this law is a felony, punishable by five years in prison. Yes: George W. Bush broke the law. He's a criminal.
When this sweeping program of presidential eavesdropping was revealed last December by a leak to the New York Times, Bush first tried lying, scoffing that the news report was mere media "speculation." Didn't work. So then he turned defiant, belligerently declaring that damned ...
Accused citizens might also be secretly turned over to repressive foreign governments for interrogation -- an unpleasant, illegal and morally bankrupt practice known as "extraordinaryrendition." Consider Maher Arar's case. Returning home from a family vacation in 2002, this Canadian software engineer was "detained" by the feds at Kennedy Airport, thrown into solitary confinement in Brooklyn, denied proper legal counsel, grilled and then "rendered" by the Bushites to a Syrian prison. He was held there for 10 months in a rat-infested dungeon and brutally tortured. Finally, finding that he had no connection to terrorism, the Syrians released him.
Arar sued the U.S. government for knowingly sending him to a torture chamber. In February, a federal judge blocked Arar's case without even hearing it. Caving in to Bush's claim of supreme executive power, the judge ruled that extraordinary rendition is a foreign-policy matter that the courts cannot review.
TORTURE. "We do not torture," says George W. in yet another bald-faced lie. Actually, he and his henchmen have bent themselves into contortions trying to assert that the commander-in-chiefdoes, indeed, have the inherent right to torture suspects in U.S. custody. In 2002, when he learned that Afghan detainees were being abused in violation of the Geneva Conventions and our own War Crimes Act, Bush did not order the mistreatment to stop. Instead, he signed an order stating, "I have the authority under the Constitution to suspend Geneva." He might as well have shouted, "I am the king!"
A year later, a White House memo tried to redefine torture, imperiously declaring that only gross brutality that causes "organ failure, impairment of bodily function or even death" can be called torture. John Yoo, the lawyer who has crafted many of Bush's claims of expansive executive authority, even argues that it would not be unlawful torture for a president to order that the testicles of a detainee's child be crushed. "I think it depends on why the president thinks he needs to do that," says Yoo.
Human-rights groups report that more than 100 captives have died while being tortured by executive-branch interrogators. "We do not torture?" Then why did Bush and Cheney fight so ferociously last year to kill Sen. John McCain's bill that would ban our government from using torture? The White House pleaded, threatened, cajoled and demanded that Congress at least exempt the CIA. Only when the ban passed both houses by veto-proof margins did Bush appear to give in, even publicly hugging McCain in a gesture of concession.
But when he signed the bill on Dec. 30, with Congress and the media out of town on holiday, Bush quietly added a "signing statement," augustly proclaiming that he retains the right to ignore the ban whenever he thinks it conflicts with his inherent authority as commander-in-chief. The Constitution clearly says that Congress -- and only Congress -- is empowered "to make all laws." Yet this president, who whines that "liberal" judges keep stretching the Constitution beyond the strict words of the founders, says that he can rewrite America's laws by interpreting them to mean what he wants them to mean.
If Bush can spy illegally, arrest citizens and throw away the key, sanction torture, lie, make his own laws and not be held accountable, then what can't he do?
By Jim Hightower
Copyright by The The Hightower Lowdown
A fellow from a town just outside of Austin wrote a 4-sentence letter to the editor of our local daily that astonished me:
"I want the government to please, please, listen in on my phone calls. I have nothing to hide. It is also welcome to check my emails and give me a national identification card, which I will be proud to show when asked by people in authority. What's with all you people who need so much privacy?"
Well, gee…where to start? How about with the founders? Many of the colonists who rose in support of the rebellion of '76 did so because their government kept snooping on them and invading their privacy. Especially offensive was the widespread use of "writs of assistance," which were sweeping warrants authorizing government agents to enter and search people's homes and businesses—including those of people who had nothing to hide.
The founders had a strong sense of the old English maxim, "A man's house is his castle." They hated the government's "knock at the door," the forced intrusion into their private spheres, the arrogant abrogation of their personal liberty. So they fought a war to stop it. Once free of that government, they created a new one based on laws to protect liberty—and this time they were determined to put a short, tight leash on government's inherently abusive search powers.
Hence, the Fourth Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Periodically in American history, presidents have tried to annul our basic right to be left alone. John Adams imposed the infamous Alien and Sedition Acts. Lincoln suspended habeas corpus during the Civil War. Woodrow Wilson conducted the Palmer Raids. FDR interred Japanese-Americans and others. And LBJ and Nixon used the COINTEL program to spy on war protestors and civil rights activists, including Martin Luther King, Jr.
In each case, however, the abuses were temporary. Americans rebelled and gradually brought the government back into line with our country's belief that privacy, a basic human right, is a cornerstone of democracy.
Bush's push
Now comes the BushCheney regime, pushing the most massive and rapid expansion of presidential might America has ever known. "I believe in a strong, robust executive authority," growled Dick "Buckshot" Cheney, architect of the power grab. He adds, "The president of the United States needs to have his constitutional powers unimpaired, if you will." I wouldn't, but they're nonetheless asserting an imperious view of unlimited executive power that is foreign to our Constitution, demolishes the founders' ingenious system of checks and balances (key to the functioning of our democratic republic), and transforms America's government into a de facto presidential autocracy.
Their push includes a White House program of domestic spying so sweeping that it would make Nixon blush; an audacious claim of a unilateral executive right to suspend treaties and ignore U.S. laws; an insistence that a president can seize U.S. citizens with no due process of law and imprison them in CIA "black sites" or send them to foreign regimes to be tortured; a series of new plans for military spying on the American people; the repression of both internal dissenters and outside protestors; an all-out assault on the public's right to know; and…well, way too much more.
The rise of a supreme executive is such a fundamental threat to our constitutional form of government— and to who we are as a people— that the Lowdown will devote both this issue and next month's to it. The media barons have covered this rise only sporadically and disjointedly, but it's important for We The People to see the frightening whole of it… and launch the rebellion of '06.
NATIONAL SECURITY AGENCY. Richard Nixon is the godfather of the BushCheney philosophy of executive supremacy. "Well, when the president does it, that means it is not illegal," Tricky Dick explained to us some 30 years ago. This plenipotentiary view of the American presidency (which would send shivers through the founders) is behind the unilateral, secret, and illegal directive issued by Bush in 2001, ordering the NSA to spy on ordinary Americans. It's now conceded that untold thousands of citizens who have no connection at all to terrorism have had their phone conversations and emails swept up and monitored during the past four years by NSA agents.
This is against the law. First, Bush's directive blatantly violates the Fourth Amendment, for it sends his agents stealing into our lives to search our private communications without probable cause and without a warrant. Second, it goes against the very law creating NSA, which prohibited the agency from domestic spying without court supervision. Third, it bypasses 1978's Foreign Intelligence Surveillance Act, which set up a special FISA court specifically to issue secret warrants so a president could snoop on Americans suspected of being connected to terrorists. Going around this law is a felony, punishable by five years in prison. Yes: George W. Bush broke the law. He's a criminal.
When this sweeping program of presidential eavesdropping was revealed last December by a leak to the New York Times, Bush first tried lying, scoffing that the news report was mere media "speculation." Didn't work. So then he turned defiant, belligerently declaring that damned ...
Accused citizens might also be secretly turned over to repressive foreign governments for interrogation -- an unpleasant, illegal and morally bankrupt practice known as "extraordinaryrendition." Consider Maher Arar's case. Returning home from a family vacation in 2002, this Canadian software engineer was "detained" by the feds at Kennedy Airport, thrown into solitary confinement in Brooklyn, denied proper legal counsel, grilled and then "rendered" by the Bushites to a Syrian prison. He was held there for 10 months in a rat-infested dungeon and brutally tortured. Finally, finding that he had no connection to terrorism, the Syrians released him.
Arar sued the U.S. government for knowingly sending him to a torture chamber. In February, a federal judge blocked Arar's case without even hearing it. Caving in to Bush's claim of supreme executive power, the judge ruled that extraordinary rendition is a foreign-policy matter that the courts cannot review.
TORTURE. "We do not torture," says George W. in yet another bald-faced lie. Actually, he and his henchmen have bent themselves into contortions trying to assert that the commander-in-chiefdoes, indeed, have the inherent right to torture suspects in U.S. custody. In 2002, when he learned that Afghan detainees were being abused in violation of the Geneva Conventions and our own War Crimes Act, Bush did not order the mistreatment to stop. Instead, he signed an order stating, "I have the authority under the Constitution to suspend Geneva." He might as well have shouted, "I am the king!"
A year later, a White House memo tried to redefine torture, imperiously declaring that only gross brutality that causes "organ failure, impairment of bodily function or even death" can be called torture. John Yoo, the lawyer who has crafted many of Bush's claims of expansive executive authority, even argues that it would not be unlawful torture for a president to order that the testicles of a detainee's child be crushed. "I think it depends on why the president thinks he needs to do that," says Yoo.
Human-rights groups report that more than 100 captives have died while being tortured by executive-branch interrogators. "We do not torture?" Then why did Bush and Cheney fight so ferociously last year to kill Sen. John McCain's bill that would ban our government from using torture? The White House pleaded, threatened, cajoled and demanded that Congress at least exempt the CIA. Only when the ban passed both houses by veto-proof margins did Bush appear to give in, even publicly hugging McCain in a gesture of concession.
But when he signed the bill on Dec. 30, with Congress and the media out of town on holiday, Bush quietly added a "signing statement," augustly proclaiming that he retains the right to ignore the ban whenever he thinks it conflicts with his inherent authority as commander-in-chief. The Constitution clearly says that Congress -- and only Congress -- is empowered "to make all laws." Yet this president, who whines that "liberal" judges keep stretching the Constitution beyond the strict words of the founders, says that he can rewrite America's laws by interpreting them to mean what he wants them to mean.
If Bush can spy illegally, arrest citizens and throw away the key, sanction torture, lie, make his own laws and not be held accountable, then what can't he do?
posted by Carlos T Mock at 7:41 AM
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