As Congress begins to look into the president's authorization of the National Security Agency's warrantless searches of e-mails and phone calls into - and out of - the United States, a question many Americans are asking was posed to the president at a Dec. 19 press conference by Peter Baker of The Washington Post: "If the global war on terrorism is to last for decades ... does that mean we're going to see ... a more or less permanent expansion of the unchecked power of the executive branch in American society? The president had no direct answer, but he did say it was "shameful" of the New York Times to break this story. However, the more we know about the porous nature of the president's defense of his authorization of the NSA's bypassing the Foreign Intelligence Surveillance Act Court...
By making John Ashcroft the attorney general, the South knew that it had a Confederate sympathizer in the Bush White House. Now, [George W. Bush] has nominated [William Rehnquist]'s protege, John Roberts, to succeed him as chief justice. The first item on Roberts' agenda is to expand Bush's presidential powers. Blacks are being exposed to a new language. To assimilationists, the use of the term "refugee" is a shocker. The next term is "resettlement." This term came in vogue during [Andrew Jackson]'s tenure. It applied to Indian removal. Jackson supported the removal of Cherokees from Georgia and the rebellious Creeks from Alabama. Their exodus from Georgia and resettlement in Indian territory as refugees became known as the "Trail of Tears." The Cherokees had become assimilationists. Th...
Last time, we considered the way the Bush Administration lawyers rearticulated presidential war powers to enable U.S. forces to capture Muslim men around the world and hold them incommunicado, potentially forever. We reviewed how this new paradigm did not pass muster with the Geneva Conventions or customary international humanitarian law. What we did not address was why. What motivated the President's men to adopt this risky and illegal course? The official rationale was that the detainees were enemy combatants. The evidence is overwhelming that this was often false, and that the U.S. knew it. The dragnets that had netted our captives were indiscriminate.
President Bush has his Michael B. Mukasey, attorney general- designate, to defend his multiple challenges to the Constitution, just as King Henry VIII had his Cardinal Wolsey to defend his nullity suit against Katherine of Aragon. During two days of confirmation hearings last week before the Senate Judiciary Committee, Mr. Mukasey echoed Mr. Bush's bloated conception of presidential powers. A few senators complained or voiced chagrin, but Mr. Mukasey's confirmation seems assured. By not leveraging confirmation to insist on an attorney general devoted to the Constitution's checks and balances, the Senate betrayed effeteness destined to culminate in government by presidential edict.
MICHAEL Mukasey, the retired judge nominated to be attorney general, is called a "law and order" conservative. That description is, however, not especially informative now that the Bush administration's sweeping claims of presidential powers have unsettled some understandings of what the law is. The following questions, if asked at Mukasey's Senate confirmation hearings, might reveal whether he considers some of these claims extravagant. A-- The Bush administration says "the long war" -- the war on terror -- is a perpetual emergency that will last for generations. Waged against us largely by non-state actors, it will not end with a legally clarifying and definitive surrender. The administration regards America as a battlefield, on which even an American citizen can be seized as an "enem...
WASHINGTON -- Michael Mukasey, the retired judge nominated to be attorney general, is called a "law and order" conservative. That description is, however, not especially informative now that the Bush administration's sweeping claims of presidential powers have unsettled some understandings of what the law is. The following questions, if asked at Mukasey's Senate confirmation hearings, might reveal whether he considers some of these claims extravagant. -- The Bush administration says "the long war" -- the war on terror -- is a perpetual emergency that will last for generations. Waged against us largely by nonstate actors, it will not end with a legally clarifying and definitive surrender. The administration regards America as a battlefield, on which even an American citizen can be seized...
Who among the Republican or Democratic aspirants for the presidency in 2008 would have signed the Declaration of Independence pivoting on a multicount indictment of King George III? The alarming answer is very few. The overwhelming majority apparently covet more a coronation than an Inauguration. They crave presidential powers reminiscent of the British king that President George W. Bush has brandished to cripple the Constitution's checks and balances and protections against government abuses.
WASHINGTON - Michael Mukasey, the retired judge nominated to be attorney general, is called a "law and order" conservative. That description is, however, not especially informative now that the Bush administration's sweeping claims of presidential powers have unsettled some understandings of what the law is. The following questions, if asked at Mukasey's Senate confirmation hearings, might reveal whether he considers some of these claims extravagant. - The Bush administration says "the long war" - the war on terror - is a perpetual emergency that will last for generations. Waged against us largely by non-state actors, it will not end with a legally clarifying and definitive surrender. The administration regards America as a battlefield, on which even an American citizen can be seized as...
During the Democratic Party primaries, I was hoping, against the odds, that Sen. Joe Biden would become the presidential nominee. More than the other candidates in both parties, he was continually focusing on such basic constitutional issues as his opposition to President Bush's "unconstitutional expansion of presidential powers." And Mr. Biden had introduced the National Security with Justice Act of 2007 that would have ended some of Mr Bush's revisions of the rule of law. That Biden bill included essential restorations of our rule of law, including international treaties we've signed. He would: "Prohibit CIA 'Extraordinary Renditions' [kidnapping suspects to be tortured in other countries close]; Close Black Sites & Extra- Judicial Prisons; Prohibit the Torture or Mistreatment of Deta...
ONE OF THE first things any new president does is unravel the damage caused by his predecessor. Ordinarily, that means making appointments, rescinding a few executive orders and getting the machinery working to change regulations. But since President George W. Bush's administration instituted an unprecedented explosion of presidential powers, the job for President-elect Barack Obama will be unprecedented in its scope.
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