Bush's Wartime Dictatorship
The threat of presidential supremacism
by Justin Raimondo
In defending his edict authorizing surveillance of phone calls and e-mails originating in the United States, President Bush reiterated legal arguments, long made by his intellectual Praetorians, that imbue the White House with wartime powers no different from those exercised by a Roman emperor. As Barton Gellman and Dafna Linzer pointed out in the Washington Post the other day:
"Bush's constitutional argument, in the eyes of some legal scholars and previous White House advisers, relies on extraordinary claims of presidential war-making power. Bush said yesterday that the lawfulness of his directives was affirmed by the attorney general and White House counsel, a list that omitted the legislative and judicial branches of government. On occasion the Bush administration has explicitly rejected the authority of courts and Congress to impose boundaries on the power of the commander in chief, describing the president's war-making powers in legal briefs as 'plenary' – a term defined as 'full,' 'complete,' and 'absolute.'"
The new presidential absolutism infuses not only Bush's foreign policy, which asserts the "right" of the White House to make war on anyone, anywhere, anytime, and for any reason, but also, increasingly, his domestic policies. The doctrine of wartime presidential supremacy has been dramatized, in recent days, in a series of disturbing developments on the home front: the utilization of "national security letters" by the FBI to snoop on thousands of U.S. citizens, the creation of a permanent database that amounts to an electronic "enemies list," and just this past week the revelation that the National Security Agency is eavesdropping on phone calls and e-mails originating in the U.S. – without going to the FISA court that normally oversees such activities.
This doctrine of presidential supremacy is derived, in substance and style, from the unrestrained militarism of the regime. That we are now in a state of permanent war requires that our government undertake a perpetual war on what is left of our civil liberties. Given the nature of this conflict with a formless, stateless enemy, more a concept than a combatant, there is no longer any division between the "home front" and the struggle against the worldwide Islamist insurgency, between domestic and foreign policy. We spy on Americans because we fight in Iraq, and, as time goes on, the converse will be true: we will continue the overseas battle in order for the regime to win the fight against its political opponents in the U.S. That the antiwar opposition, already demonized by neoconservative ideologues as "appeasers" and worse, will wind up being treated as "the enemy" should surprise no one.
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