Bush and Executive Activism

Law Professor Doug Berman who writes Sentencing Law and Policy, the go-to blog on criminal sentencing, e-mailed me some thoughts on Bush and his warrantless electronic surveillance orders, the topic being a little off-subject for his blog. He says the fitting label for Bush's behavior is "executive activism."

Unwilling or unable to obtain the power they seek though the legislative process, this administration has made up the law themselves.

I like the label and will go with it. Prof. Berman continues,

It highlights the hypocrisy of this administration in regularly attacking judges for their open efforts to enforce constitutional protections, while it engages in anti-democratic secret efforts to undermine constitutional protections.

Bush is an Executive Activist. Spread the word.

Update: MSM is raising the "I" word with respect to Bush. Should he be impeached for breaking the law?

WAPO's Dan Froomkin has a round-up. Atrios says, go take the poll. And the power of Atrios: 88% are responding he should be impeached.

Update: Skippy found the Impeach Bush photo chain where you can download impeachment photos or upload your own.

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    Re: Bush and Executive Activism (none / 0) (#1)
    by Darryl Pearce on Wed Dec 21, 2005 at 01:09:59 PM EST
    Reminds of something I saw on Babylon 5: Garibaldi: I wonder if they'll ever find that transmitter you slipped in G'kar's drink. Sinclair: No they won't. Because there is none. If I had put one in, sooner or later, they would have found it. This way, they'll keep looking. Garibaldi: Are you aware of the tests they'll perform and the things they'll do to him? Sinclair: Yes. Come on. Garibaldi: There are some days I love this job.

    Re: Bush and Executive Activism (none / 0) (#2)
    by Edger on Wed Dec 21, 2005 at 01:19:20 PM EST
    Executive Activist... Executive Activist... Hmmmm. Somehow it doesn't have that nice vitriolic ring to it....

    Re: Bush and Executive Activism (none / 0) (#3)
    by Talkleft Visitor on Wed Dec 21, 2005 at 01:57:09 PM EST
    How 'bout calling Mr. Bush our... Activist-in-Chief?

    Re: Bush and Executive Activism (none / 0) (#4)
    by ras on Wed Dec 21, 2005 at 02:54:10 PM EST
    Passing strange, tho, that Clinton's old gang says that hell, yes, Bush can do this, and we did it too, and with the same legal justification.

    Re: Bush and Executive Activism (none / 0) (#5)
    by Mike on Wed Dec 21, 2005 at 03:27:40 PM EST
    As long as Bush keeps pretending he is a christian he will never be able to do anything wrong in the eyes of about half the country. What he did is beyond activist. He is a criminal in the Nixonian sense of the word.

    Re: Bush and Executive Activism (none / 0) (#6)
    by kdog on Wed Dec 21, 2005 at 03:44:23 PM EST
    Amen mike. Executive criminalism.

    Re: Bush and Executive Activism (none / 0) (#7)
    by Talkleft Visitor on Wed Dec 21, 2005 at 05:21:43 PM EST
    thanks for the link, talkleft! and hey, i like what you've done with the place! very nice!

    Re: Bush and Executive Activism (none / 0) (#8)
    by Talkleft Visitor on Wed Dec 21, 2005 at 08:42:24 PM EST
    "Executive activism" is precisely the WRONG phrase to be using here. It would seem to imply just the opposite, namely an Executive actually using his powers to the fullest, for the benefit of the many, instead of the few; a kinder, gentler Executive that currently is anything but. No, what we have here is "executive hegemony" of a kind not seen since the early, wooly days of a similarly overreaching FDR. However, I would argue that FDR's was an activist Executive, in line with the above. Bush: the executive hegemon. Executive activist = proto-socialist; Executive hegemon = proto-fascist.