In the current political atmosphere, poisoned by a harsh partisanship that reduces every question and criticism to one of political party and electoral advantage, the danger to the constitutional form of government we have come to rely on has been underdiscussed.
Yes, during the confirmation hearings of John Roberts and particularly Sam Alito, there was some vague discussion of the theory of the unitary executive — basically, a theory that attempts to place the presidency above the other two branches of government, expanding its commander-in-chief powers beyond the war sphere — but that has been it.
The question of executive branch power, however, is one that has far-reaching implications, ones that go well beyond the dangerous powers that the current president has claimed for himself.
As Elizabeth Drew points out in The New York Review of Books, the president has claimed for himself an array of powers — the right to disregard Congressional intent, to ignore laws, to minimize judicial oversight, etc. — in its actions regarding wiretapping and data mining, in the signing statements it attaches to new legislation, in its arguments concerning “detainees” at Guantanamo and its disregard for legally ratified treaties.
The dangers are known to those on both sides of the partisan divide:
People with very disparate political views, such as Grover Norquist and Dianne Feinstein, worry about the long-term implications of Bush’s power grab. Norquist said, “These are all the powers that you don’t want Hillary Clinton to have.” Feinstein says, “I think it’s very dangerous because other presidents will come along and this sets a precedent for them.” Therefore, she says, “it’s very important that Congress grapple with and make decisions about what our policies should be on torture, rendition, detainees, and wiretapping lest Bush’s claimed right to set the policies, or his policies themselves, become a precedent for future presidents.”
But there have been few real challenges. That’s why she says:
For the first time in more than thirty years, and to a greater extent than even then, our constitutional form of government is in jeopardy.
The South Brunswick Post, The Cranbury Press
Hank Kalet 