Showing posts with label Constitution. Show all posts
Showing posts with label Constitution. Show all posts

Monday, July 23, 2007

Opinion from the New York Times - Founding Fathers feared Imperial Presidency

Since Bush took office (and I mean "Took") he and his admin have been doing everything in their power to give the president more powers and take away powers from congress. This is an opinion piece, however, our Founding Fathers did fear this would happen. And having just come out of a war fighting for the freedom from a king, another George, they made sure they addressed this issue by placing the checks and balances from the congress into the Constitution.

By taking away the congress' checks and balances for the Executive Office this administration is, in essence, making the Executive Office a dictatorship. This has become a Constitutional Chrisis and must be dealt with now!

Just What the Founders Feared: An Imperial President Goes to War

By ADAM COHEN
Published: July 23, 2007


The nation is heading toward a constitutional showdown over the Iraq war. Congress is moving closer to passing a bill to limit or end the war, but President Bush insists Congress doesn’t have the power to do it. “I don’t think Congress ought to be running the war,” he said at a recent press conference. “I think they ought to be funding the troops.” He added magnanimously: “I’m certainly interested in their opinion.”

The war is hardly the only area where the Bush administration is trying to expand its powers beyond all legal justification. But the danger of an imperial presidency is particularly great when a president takes the nation to war, something the founders understood well. In the looming showdown, the founders and the Constitution are firmly on Congress’s side.

Given how intent the president is on expanding his authority, it is startling to recall how the Constitution’s framers viewed presidential power. They were revolutionaries who detested kings, and their great concern when they established the United States was that they not accidentally create a kingdom. To guard against it, they sharply limited presidential authority, which Edmund Randolph, a Constitutional Convention delegate and the first attorney general, called “the foetus of monarchy.”


The founders were particularly wary of giving the president power over war. They were haunted by Europe’s history of conflicts started by self-aggrandizing kings. John Jay, the first chief justice of the United States, noted in Federalist No. 4 that “absolute monarchs will often make war when their nations are to get nothing by it, but for the purposes and objects merely personal.”

Many critics of the Iraq war are reluctant to suggest that President Bush went into it in anything but good faith. But James Madison, widely known as the father of the Constitution, might have been more skeptical.

“In war, the honors and emoluments of office are to be multiplied; and it is the executive patronage under which they are to be enjoyed,” he warned. “It is in war, finally, that laurels are to be gathered; and it is the executive brow they are to encircle.”

When they drafted the Constitution, Madison and his colleagues wrote their skepticism into the text. In Britain, the king had the authority to declare war, and raise and support armies, among other war powers.


The framers expressly rejected this model and gave these powers not to the president, but to Congress.

The Constitution does make the president “commander in chief,” a title President Bush often invokes. But it does not have the sweeping meaning he suggests. The framers took it from the British military, which used it to denote the highest-ranking official in a theater of battle.

Alexander Hamilton emphasized in Federalist No. 69 that the president would be “nothing more” than “first general and admiral,” responsible for “command and direction” of military forces.

The founders would have been astonished by President Bush’s assertion that Congress should simply write him blank checks for war. They gave Congress the power of the purse so it would have leverage to force the president to execute their laws properly. Madison described Congress’s control over spending as “the most complete and effectual weapon with which any constitution can arm the immediate representatives of the people, for obtaining a redress of every grievance, and for carrying into effect every just and salutary measure.”

There's more at the link.



The powers that Bush Admin amassed for the executive office are bad enough now but think of future presidents from either party and what they can do to harm this country with these powers.

Tuesday, March 27, 2007

House Vote: Bush stripped of authority to appoint US Attorneys on an interim basis

The House just joined the Senate on this issue. Here's the excerpt from Raw Story:
In a 329-78 vote last night, the House of Representatives followed the Senate and stripped President George W. Bush of the authority to appoint United States Attorneys on an interim basis, ending the ability of the Bush administration to do an end run around the Senate in putting controversial US Attorneys in office.

The bill sponsored by Rep. Howard Berman (D-CA) places a 120-day limit to the term of a United States Attorney appointed on an interim basis. Democrats allege that the previous authority to appoint interim US Attorneys on an unlimited basis, inserted stealthily into the 2006 reauthorization of the USA Patriot Act, was used as a 'loophole' to insert Bush administration political loyalists into office.


The congress is finally coming to life and voting to keep their constitutional power.

Rep. Berman pointed to an e-mail from Kyle Sampson, the former chief of staff to Attorney General Alberto Gonzales, who said "We should gum this to death. Our guy is in there so the status quo is good for us. Pledge a desire for a Senate-confirmed U.S. Attorney and otherwise hunker down."

"They quickly figured out that the provision created the possibility to circumvent the Senate and decided to exploit that power," Berman added.

House Republicans offered thin opposition on the House floor. Rep. Lamar Smith, the Ranking Republican on the Judiciary Committee, described his objection as primarily procedural, and voted to support the bill.


And now to the president:
The Senate measure passed on a 94-2. The measure will proceed to the White House for approval after being considered in a House-Senate conference.