Setting the Record Straight

November 11, 2008

Another Imperial Presidency?


The Dangerous Path of Executive Orders

      A disturbing juxtaposition of news items began the week as the United States began its transition of governments. The new government will behave as the old in at least one
     And lay this one on the Democrats who took control of Congress and announced immediately (through the new House Speaker Nancy Pelosi) that there would be no attempt to impeach President Bush.
     The head of Barack Obama’s transition team, John Podesta, said, “There’s a lot that the president can do using his executive authority without waiting for congressional action, and I think we’ll see the president do that. I think that he feels he has a real mandate for change. We need to get off the course that the Bush administration has set.”
     But Podesta, and the Obama camp, apparently does not realize that course the Bush administration set was enabled to a great extent by broadening the use of executive orders way beyond its legal authority and is the basis of many of the impeachable offenses the Democrats declined to address.
     To wit, from the New York Times: The U.S. military was given authority through an executive order signed by Bush in 2004 to attack Al Queda anywhere in the world, even in countries not at war with the United States, a gross violation of international rights.
sr-bushsignjpeg     Before that, we learned executive orders were signed with impunity to violate constitutional rights, the Geneva Convention and all sorts of domestic and international laws as the Bush administration behaved as if it was above and beyond any and all laws.
     That behavior established a dangerous behavior that eventually could lead to an authoritarian state if the checks and balances embodied in the U.S. Constitution are not used to hold that behavior in check.
     The best way to do that would have been to begin impeachment proceedings against Bush, even if there was no real sentiment to take them to the ultimate and oust him from office. The great value of the proceedings would have been to let future presidents, including Obama, know they do not have this power, regardless of how powerful and regal they may feel in the Oval Office.
      That needed to be done because once a president, or anyone else for that matter, is given authority, regardless of how ill-gotten it is, is not likely to want to give it up, as we have warned on this site before.
      Our worst fears have been realized, in the person of John Podesta, who presumably is relaying the sentiment of the Obama presidency to
      Congress needs to step in say, “Hey, wait just a darn minute here. We are in the same party, but we didn’t support Obama to be elected as king, merely as a president. Back off or we’ll start tying your hands.”
      Beyond that, somebody needs to take the Bush executive orders to the Supreme Court, and get the judicial branch to do its part in bring- ing the executive branch back within the constraints of the Constitution. This might be a good activity for the Republicans while people biased for their party are still running the court.
      Obama assumption of Bush violations is not change we need. Legislative and judicial branches with the guts to rein back in the executive branch is the change we need.



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