TBR
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4/30/2006 3:57:41 PM
Our Steady March Toward Fascism
President Bush has quietly claimed the authority to disobey more than 750 laws enacted since he took office, asserting that he has the power to set aside any statute passed by Congress when it conflicts with his interpretation of the Constitution.
Among the laws Bush said he can ignore are military rules and regulations, affirmative-action provisions, requirements that Congress be told about immigration services problems, ''whistle-blower" protections for nuclear regulatory officials, and safeguards against political interference in federally funded research.
Legal scholars say the scope and aggression of Bush's assertions that he can bypass laws represent a concerted effort to expand his power at the expense of Congress, upsetting the balance between the branches of government. The Constitution is clear in assigning to Congress the power to write the laws and to the president a duty ''to take care that the laws be faithfully executed" . . .
http://www.boston.com/news/nation/washington/articles/2006/04/30/bush_challenges_hundreds_of_laws/
As has been clear from the beginning, and as Savage notes, the significance of the NSA scandal was never about eavesdropping. Its significance lay in the fact that the President got caught red-handed violating the law on purpose, because he believes he has the power to do so. To defend his conduct, the administration has been forced to parade those theories around out in the open, and as a result, it is only a matter of time before the public starts to realize how severe the crisis is that we have in our country:
But with the disclosure of Bush's domestic spying program, in which he ignored a law requiring warrants to tap the phones of Americans, many legal specialists say Bush is hardly reluctant to bypass laws he believes he has the constitutional authority to override. . . .
Many legal scholars say they believe that Bush's theory about his own powers goes too far and that he is seizing for himself some of the law-making role of Congress and the Constitution-interpreting role of the courts.
Phillip Cooper, a Portland State University law professor who has studied the executive power claims Bush made during his first term, said Bush and his legal team have spent the past five years quietly working to concentrate ever more governmental power into the White House.
''There is no question that this administration has been involved in a very carefully thought-out, systematic process of expanding presidential power at the expense of the other branches of government," Cooper said. ''This is really big, very expansive, and very significant."
For the first five years of Bush's presidency, his legal claims attracted little attention in Congress or the media. Then, twice in recent months, Bush drew scrutiny after challenging new laws: a torture ban and a requirement that he give detailed reports to Congress about how he is using the Patriot Act.
It is not hyperbole to say that these actions and theories are as antithetical to democracy as can be. The country intensely debates all sorts of controversial issues (torture, Patriot Act renewal, eavesdropping powers); legislative compromises are reached by the American people through their Congress, often over the objections of the President; the President signs those bills into law -- and then he simply decrees that those laws are irrelevant because he has the power to violate them at will:
Bush administration spokesmen declined to make White House or Justice Department attorneys available to discuss any of Bush's challenges to the laws he has signed.
Instead, they referred a Globe reporter to their response to questions about Bush's position that he could ignore provisions of the Patriot Act. They said at the time that Bush was following a practice that has ''been used for several administrations" and that ''the president will faithfully execute the law in a manner that is con
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