A lot has changed since January 2001 when the US presidency was assumed by George W. Bush. It is truly a privilege to witness the transfer of government in this solemn nation that prides itself in the democratic republic it was founded upon. Only a few nations in the world can experience this truly remarkable sight: the transfer of power in a transparent, democratic way. Hurray!
However, not everything is like it seems and this great nation of ours has seen an unprecedented use of executive powers that go well beyond the established Constitutional ones.
Since taken power in January 2001, President Bush has expanded presidential authority over this land without been challenged or denied. It has taken 5 ½ years for the other equal branches of government: Congress and the Courts to begin to push back against this great trespassing of government authority. In fact, Bush’s executive branch has seen the greatest expansion of presidential powers in a generation or more. (So much for limited government, you know that well-known Republican slogan).
Anyway going back to the issue, the most striking scenario has just been framed in regards to these powers. Congress has made an outcry of the FBI’s recent raid of the office of a congressman because it was not properly briefed about it. The Senate Intelligence Committee is demanding fuller briefings and copies of warrants submitted prior to the any search. Hah! I see, when it comes to members of Congress, then the Executive and the Courts are trespassing, but the American people have been complaining for over 5 years now. This is starting to look interesting, because it can actually give the Democrats a chance to win back the House or Senate this coming election.
Among the extended presidential powers the Bush White House has acquired are the following:
• Keep deliberations private/refusal to testify: White House Aides have refused to testify about the federal response to 9/11 and Katrina, arguing that it might discourage staffers from providing “untarnished advice” in the future.
• Restrict access to presidential papers: Bush signed an executive order in 2001 permitting former and current presidents and vice-presidents to restrict the release of their papers, which become public after 12 years of the end of an administration. (Is there anything else he is hiding from us?)
• Set aside laws and treaties: Ok this one is really annoying: Someone wrote a memo asserting that the president of the US (Bush) could violate federal laws and international treaties when he viewed it as necessary for the nation’s security. That someone was Attorney General Alberto Gonzalez.
• Interpret and curtail new laws: I was not aware he could actually interpret anything. Bush has issued more than 750 “signing statements” –more than all previous presidents combined - designed to state his own interpretation of the law and in some cases to claim a presidential prerogative not to enforce provisions that he says encroach on executive authority. For example the Torture Bill sponsored by Sen. McCain, which says that no torture will be performed by US military personnel, but Bush inserted a signing statement saying he holds the final say on the torture issue.
• Permit warrantless surveillance on domestic calls: Bush authorized the NSA to wiretap domestic phone calls of terror suspects without a court warrant if one of the participants is from abroad.
• Limit judicial oversight: This one really worries me and it should you too. The president claims the authority to designate US citizens “enemy combatants” who can be held indefinitely without charges. He has also asserted the right to hold terrorist suspects overseas and try them before special military commissions.
June 16, 2006
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