Beyond the imperial presidency
Published December 25, 2005
President Bush is a bundle of paradoxes. He thinks the scope of the federal government should be limited but the powers of the president should not. He wants judges to interpret the Constitution as the framers did, but doesn't think he should be constrained by their intentions.
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But the theory boils down to a consistent and self-serving formula: What's good for George W. Bush is good for America, and anything that weakens his power weakens the nation. To call this an imperial presidency is unfair to emperors.
Even people who should be on Bush's side are getting queasy. David Keene, chairman of the American Conservative Union, says in his efforts to enlarge executive authority, Bush "has gone too far."
He's not the only one who feels that way. Consider the case of Jose Padilla, a U.S. citizen arrested in 2002 on suspicion of plotting to set off a "dirty bomb." For three years, the administration said he posed such a grave threat that it had the right to detain him without trial as an enemy combatant. In September, the U.S. Court of Appeals for the 4th Circuit agreed.
But then, rather than risk a review of its policy by the Supreme Court, the administration abandoned its hard-won victory and indicted Padilla on comparatively minor criminal charges. When it asked the 4th Circuit Court for permission to transfer him from military custody to jail, though, the once-cooperative court flatly refused.
In a decision last week, the judges expressed amazement that the administration suddenly would decide Padilla could be treated like a common purse snatcher--a reversal that, they said, comes "at substantial cost to the government's credibility." The court's meaning was plain: Either you were lying to us then, or you are lying to us now.
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He claims he can ignore the law because Congress granted permission when it authorized him to use force against Al Qaeda. But we know that can't be true. Atty. Gen. Alberto Gonzales says the administration didn't ask for a revision of the law to give the president explicit power to order such wiretaps because Congress--a Republican Congress, mind you--wouldn't have agreed. So the administration decided: Who needs Congress?
What we have now is not a robust executive but a reckless one. At times like this, it's apparent that Cheney and Bush want more power not because they need it to protect the nation, but because they want more power. Another paradox: In their conduct of the war on terror, they expect our trust, but they can't be bothered to earn it.
Considering that the Tribune endorsed Bush twice, this is strong stuff. The whole article can be found below.
http://www.chicagotribune.com/news/opinion/chi-0512250256dec25,0,993141.column?coll=chi-ed_opinion_columnists-utl