The Imperial Presidency at Work

[dajoki]

NYT
http://www.nytimes.com/2006/01/15/opinion/15sun2.html?th&emc=th

The Imperial Presidency at Work

Published: January 15, 2006

You would think that Senators Carl Levin and John McCain would have learned by now that you cannot deal in good faith with a White House that does not act in good faith. Yet both men struck bargains intended to restore the rule of law to American prison camps. And President Bush tossed them aside at the first opportunity.

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Mr. Bush, however, seems to see no limit to his imperial presidency. First, he issued a constitutionally ludicrous "signing statement" on the McCain bill. The message: Whatever Congress intended the law to say, he intended to ignore it on the pretext the commander in chief is above the law. That twisted reasoning is what led to the legalized torture policies, not to mention the domestic spying program.

Then Mr. Bush went after the judiciary, scrapping the Levin-Graham bargain. The solicitor general informed the Supreme Court last week that it no longer had jurisdiction over detainee cases. It said the court should drop an existing case in which a Yemeni national is challenging the military tribunals invented by Mr. Bush's morally challenged lawyers after 9/11. The administration is seeking to eliminate all other lawsuits filed by some of the approximately 500 men at Gitmo, the vast majority of whom have not been shown to pose any threat.

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The administration's behavior shows how high and immediate the stakes are in the Alito nomination, and how urgent it is for Congress to curtail Mr. Bush's expansion of power. Nothing in the national consensus to combat terrorism after 9/11 envisioned the unilateral rewriting of more than 200 years of tradition and law by one president embarked on an ideological crusade.