home

The Constitutional Record of George W. Bush

The Cato Institute has published a report, Power Surge: The Constitutional Record of George W. Bush. You can read it online or they will mail you a free copy. My copy came in the mail last week, and I highly recommend it. It's eminently readable, in the format of a magazine. It addresses everything from the torture memos to searches and seizures, from wiretapping to habeas corpus.

Here's the conclusion:

.... far from defending the Constitution, President Bush has repeatedly sought to strip out the limits the document places on federal power. In its official legal briefs and public actions, the Bush administration has advanced a view of federal power that is astonishingly broad, a view that includes

  • a federal government empowered to regulate core political speech--and restrict it greatly when it counts the most: in the days before a federal election;
  • a president who cannot be restrained, through validly enacted statutes, from pursuing any tactic he believes to be effective in the war on terror;
  • a president who has the inherent constitutional authority to designate American citizens suspected of terrorist activity as "enemy combatants," strip them of any constitutional protection, and lock them up without charges for the duration of the war on terror-- in other words, perhaps forever; and
  • a federal government with the power to supervise virtually every aspect of American life, from kindergarten, to marriage, to the grave.

....On the campaign trail in 2000, then-governor Bush typically ended his stump speech with a dramatic flourish: he pantomimed the oath of office. But the oath is more than a political gimmick; for the founding generation it was a solemn pledge, designed to bind the officeholder to the country and the Constitution he serves. Throughout his tenure, President Bush has repeatedly dishonored that pledge. And
because of that, he has weakened the constitutional order on which the American way of life depends

< 1 in Every 136 U.S. Residents Are in Jail | Behind the NSA Warrantless Surveillance Program >
  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


  • Display: Sort:
    Re: The Constitutional Record of George W. Bush (none / 0) (#1)
    by profmarcus on Mon May 22, 2006 at 01:34:04 AM EST
    how long are we going to allow this to continue...? http://takeitpersonally.blogspot.com/

    Re: The Constitutional Record of George W. Bush (none / 0) (#2)
    by Kitt on Mon May 22, 2006 at 03:26:00 AM EST
    Hmmm..."
    Price: $0.00 Publication Date: May 2006 ISBN: NA Number of Pages: 28 Paperback Categories: 2006 Titles, Constitutional Studies, New Releases This item is Temporarily Out of Stock.
    You can also download it as a PDF document and print it off - or not print it off. profmarcus: nice blog

    Re: The Constitutional Record of George W. Bush (none / 0) (#3)
    by scribe on Mon May 22, 2006 at 05:06:29 AM EST
    I read it online last week and could only agree with it. Imagine that, Cato putting out something people will read (see 2d comment above), and something which makes sense.... But seriously, it's a really good piece, though I wish they'd spend more time on how the War on Terra has been used to gut both criminal defense and free speech (see first comment therein, for a good example), and not spend so much time complaining about how their money folks can't buy elections as easily anymore because of McCain-Feingold.

    Re: The Constitutional Record of George W. Bush (none / 0) (#4)
    by cpinva on Mon May 22, 2006 at 06:45:49 AM EST
    not to be nit picky or anything, but shouldn't that be more appropriately titled "the unconstitutional record of george w. bush"?

    Re: The Constitutional Record of George W. Bush (none / 0) (#5)
    by Talkleft Visitor on Mon May 22, 2006 at 07:18:20 AM EST
    Well if I weren't stuck in the same country as the Cato Institute, I would more happily point out that for Cato to criticize Bush is like Sirhan Sirhan insisting that RFK would be the first to parole him.

    Re: The Constitutional Record of George W. Bush (none / 0) (#6)
    by scribe on Mon May 22, 2006 at 08:00:34 AM EST
    JP: That's an obscure metaphor which, frankly, makes little sense to this reader. More importantly, I'd like to think that, among his many fine qualities, Bobby Kennedy had developed the facility of forgiveness (we all have the capacity, too rarely exercised or developed) such that, even assuming Sirhan's conduct merited incarceration, the victim would have recognized Sirhan's humanity and followed the mandate of Scripture to forgive.

    Re: The Constitutional Record of George W. Bush (none / 0) (#7)
    by Talkleft Visitor on Mon May 22, 2006 at 08:34:10 AM EST
    What I seem to forget and then re-learn almost daily is the Rovian technique of smearing the messenger rather than debating the merits of the case. The comment on the Cato institute above again underscores that technique. Over the last week we've seen attacks on TruthOut and Madsen in what COULD have been a set up by the greatest smear campaign managers this old earth has ever seen. So, memo to me, whenever I hear a statement smearing the messenger, I'll figure it's coming from a troll and I will verify the message myself, thank you.

    Re: The Constitutional Record of George W. Bush (none / 0) (#8)
    by Talkleft Visitor on Mon May 22, 2006 at 09:12:01 AM EST
    for Cato to criticize Bush is like Sirhan Sirhan insisting that RFK would be the first to parole him.
    I think I can translate that analogy. The Cato Institute is a libertarian think tank with many Republican connections. When Bush was elected, they were very hopeful that he'd see and do things their way. They became disenchanted with him over the last few years. More details from the New Republic I'm thrilled that they've come out swinging on this issue now, but when a Democrat becomes president again and has the temerity to push for new environmental laws or to reverse the tax cuts, expect them to come out swinging then too.

    Re: The Constitutional Record of George W. Bush (none / 0) (#9)
    by James DiBenedetto on Mon May 22, 2006 at 09:45:48 AM EST
    I think it's only fair to point out that, horrendous as these things are, the first and last items (regulation of political speech; and supervisin of the citizenry from cradle to grave) are things are supported by many of Bush's opponents. Does anyone here honestly believe, for example, that a Democratic congress would not have passed McCain-Feingold (or something even more restrictive) and that a President Gore or Kerry would not have happily signed it into law?

    Re: The Constitutional Record of George W. Bush (none / 0) (#10)
    by aw on Mon May 22, 2006 at 11:06:08 AM EST
    Posted by James DiBenedetto May 22, 2006 10:45 AM
    I think it's only fair to point out that, horrendous as these things are, the first and last items (regulation of political speech; and supervisin of the citizenry from cradle to grave) are things are supported by many of Bush's opponents.
    Can you give an example?
    Does anyone here honestly believe, for example, that a Democratic congress would not have passed McCain-Feingold (or something even more restrictive) and that a President Gore or Kerry would not have happily signed it into law?
    I can wish. I'm for 100% publicly financed federal elections. We might actually end up with a democracy then (and save a heap of taxpayer money that would otherwise go to corporate welfare for big contributors).

    AW, the first point, "regulation of core political speech" in the Cato document is a direct reference to McCain-Feingold, and (assuming that you are no fan of Bush) your statement in support of it makes my point for me, I think. Bush signed a law directly restricting political speech, and you agree with him on that (if no other) point.

    Re: The Constitutional Record of George W. Bush (none / 0) (#12)
    by Talkleft Visitor on Mon May 22, 2006 at 01:59:31 PM EST
    is like Sirhan Sirhan insisting that RFK would be the first to parole him It's an old joke along the lines of Sirhan Sirhan goes to the parole board and says that RFK would be the first to parole him. Of all the luck! The one person that would parole Sirhan Sirhan, and he has to go and shoot him. It was better when Leno (?) said it. At any rate, Cato is responsible for this Bush guy.... I am so thrilled now that they realize he isn't the man they thought they were buying.

    Re: The Constitutional Record of George W. Bush (none / 0) (#13)
    by scribe on Mon May 22, 2006 at 02:13:44 PM EST
    Libertarianism is great, but Cato takes it to extremes probably no longer sustainable in a country as filled-up as the US of A. And, they want to satisfy their donor base. I'm no great fan of McCain-Feingold, but for the time being it may be the best remedy available to corporations taking over even more than they already have. (I'm much more concerned over Abu Gonzo and his lock-em-up solution to pesky journalists.) The problem with McCain-Feingold is several-fold - not the least of which is that it does "limit" core political speech. But, McCain-Feingold is a response to the pervasive problem of non-voter (i.e., corporate) money, and the disproportionate influence of wealthy donors (Cato's base) on what political speech gets published and how often. And, it is probably the best response we can currently get, given the inherent difficulties of writing passable legislation and the way people seeking office try to find ways around it. The problem of money stems directly from the 1976 Buckley v. Valeo case and its holding that money = speech. I still wonder what the justices were thinking (if they were) when they came up with that. We will (or should) see some answer to that by the end of June, with the Supreme Court's coming decision of the Vermont case on campaign spending and financing limitations. I'm betting on a fractured opinion there, with little if any real guidance.

    Re: The Constitutional Record of George W. Bush (none / 0) (#14)
    by Sailor on Mon May 22, 2006 at 02:34:03 PM EST
    Apologies for the OT folks: JPF, ever seen the problems with the LAPD investigation of Sirhan? BTW, even more off topic, I worked on Bobby's campaign. I got his autograph, Teddy's and Robert Vaughn's. As I remember, I was young enough to value RV's more at the time. (I was a huge MFU fan;-)

    Re: The Constitutional Record of George W. Bush (none / 0) (#15)
    by Talkleft Visitor on Mon May 22, 2006 at 06:01:44 PM EST
    Cato has their "Cato Supreme Court Review" essays online free (they put out hard copy volumes as well) and they make interesting reading as well. Like any advocacy group, they do at times go to philosophical extremes, but they reaffirm how the current regime should be a bipartisan concern.

    Re: The Constitutional Record of George W. Bush (none / 0) (#16)
    by Talkleft Visitor on Mon May 22, 2006 at 06:10:34 PM EST
    When I read see "RFK" and "forgiveness" used together I must suppress the gag reflex. Vindictive, vicious, cruel, opportunistic: These are not a strong enough words to describe the man. RFK learned his thuggish ways as the coffee-boy for Cohn and McCarthy's HUAC in the early 1950's and helped draw up the infamous blacklists used to politically persecute people innocent of any crime. As Attorney-General, he failed to successfully prosecute a single lynching or murder during the fight for civil rights, and quivered in fear that dixiecrat senators would withdraw their political support for his brother's re-election campaign in 1964. Instead of the KKK, RFK turned the full might of the federal government to persecute (NOT prosecute) the one lone man who had "personally insulted" him, Jimmy Hoffa. As Senator he refused to speak against the Vietnam War (which he helped start!) for fear it would hurt his chance to get the 1972 nomination after Johnson's (presumed) second term. Then when LBJ unexpectedly withdrew after nearly losing the NH primary to the anti-war candidate, Eugene McCarthy, RFK suddenly reversed field and seized the anti-war movement as his presidential platform. We old-timers who marched against the war 1965-68 and dodged the stones and spittle hurled at our heads remember RFK's silence very well. Doesn't anyone remember what the man was like? Like Vidal says, I live in the United States of Amnesia.

    Re: The Constitutional Record of George W. Bush (none / 0) (#17)
    by aw on Mon May 22, 2006 at 07:54:14 PM EST
    AW, the first point, "regulation of core political speech" in the Cato document is a direct reference to McCain-Feingold, and (assuming that you are no fan of Bush) your statement in support of it makes my point for me, I think.
    The point you make for me is money=speech. A corporation has lots and lots of free speech, along with their tax breaks and subsidies (perhaps some exemptions to environmental laws, maybe a little favorable regulation to help kill the competition, some access to cheap labor) paid for by taxpayers. An ordinary citizen has pretty much the alloted 2 cents worth.

    Right on aw. I fail to see how the current system of legalized bribery/influence peddling has anything to do with freedom of speech. As it stands, if I can't afford to buy off my own rep then my freedom of speech is pretty much nil. But I guess freedom, like everything else around here, goes to the highest bidder.