The Constitutional Record of George W. Bush

[Time for change]

Power Surge: The Constitutional Record of George W. Bush
Cato Institute Report, 2006
By Gene Healy and Timothy Lynch

As described in the June 26th Issue of The Nation, by Jeremy Brecher and Brendan Smith, the Cato Institute’s new report identifies numerous violations of our Constitutional rights, including the denial of habeas corpus, violation of international torture conventions, denial of the right to a trial by jury, and the erosion of war power restrictions. Describing the report as similar to John Conyers’ House Judiciary Committee Democratic Staff Report, The Constitution in Crisis, it concludes that we now have “a president who can launch wars at will, and who cannot be restrained from ordering the commission of war crimes should he choose to do so.”

Here is the Executive Summary for the report:

In recent judicial confirmation battles, President Bush has repeatedly—and correctly—stressed fidelity to the Constitution as the key qualification for service as a judge. It is also the key qualification for service as the nation's chief executive. On January 20, 2005, for the second time, Mr. Bush took the presidential oath of office set out in the Constitution, swearing to "preserve, protect and defend the Constitution of the United States." With five years of the Bush administration behind us, we have more than enough evidence to make an assessment about the president's commitment to our fundamental legal charter

Unfortunately, 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.

President Bush's constitutional vision is, in short, sharply at odds with the text, history, and structure of our Constitution, which authorizes a government of limited powers

[PWRinNY]

1. He should be impeached

and then he should be tried for treason. No administration in the history of our nation has worked so hard to undermine the very foundation of America. Thanks for posting this.

[driver8]

3. I agree. Put Cheney, Ashcroft, Gonzales, Rumsfeld, Rice,

Rove and the rest of the crime family on trial with him.

It is going to take many generations to clean up the mess these idiots leave behind.

[mwb970]

14. Just reading that list of names is depressing.

What a rogues' gallery. Can you imagine looking back on this time 15-20 years from now and having to remember the incredible concentration of scum at the top level of the government that we have had to endure all these years?

We should all get Medals of Freedom just for surviving such crappy times.

[Time for change]

19. Hopefully it will be a lot better in 15-20 years

And this period of time will be known as the "Dark Ages" of American history.

[Time for change]

18. Yes, and then we'll have to find a way to take back the news media

and our voitng system - or else it will happen again.

[Time for change]

11. I agree

If we aren't very vigilant about this we may end up with a full fledged dictatorship:

http://journals.democraticunderground.com/Time%20for%20change/13

[don954]

2. one correction

they dont want a cradle to grave government, they want a conception to dust government.

[Time for change]

20. No, they just want to cut it down to a size so that it will drown in a

bathtub. Like New Orleans.

[upi402]

4. Hearings, trial, conviction -impeach, trial again for treason.

They are going to get freaky with those mystery boxes of voting this round. We should post where votes will be counted and monitor monitor monitor. Does anybody know if a compilation source exists? Or do we search state by state, county by county.

[Time for change]

5. I'm not sure what you mean by a compilation source

Votes are initially counted in every precinct. They are then sent on to a county central tabulator, which adds them all up.

Here are some suggestions that I made for preventing further election fraud:
http://journals.democraticunderground.com/Time%20for%20change/2

[young_at_heart]

6. How about his stance on torture?

We just watched a fascinating program on the Sundance Channel about experiments in human behavior. Abu Ghraib was discussed and how it relates to these old experiments. Dick Cheney was quoted as saying, "We have to work...the dark side, if you will". It seems that the Bush administration has bypassed the Constitution regarding torture.

[Time for change]

8. They most definitely have

Here's an eyewitness account of what a Muslim Chaplain assigned to Guantanamo Bay had to say about it:
http://journals.democraticunderground.com/Time%20for%20change/15

And here is a compilation of numerous reports, including from Anmensty International:
http://journals.democraticunderground.com/Time%20for%20change/16


Those bastards don't even get any information out of all that. They just do it because it makes them feel powerful,

[Marr]

7. ALL OF IT is the fault of Congress.

Our government was designed specifically to prevent small-minded autocrats like GW Bush and his cronies from seizing too much power. This Congress has repeatedly ignored it's duties, choosing to serve their party and it's donors instead.

[Time for change]

17. I think that there is plenty of blame to go around

I sure do wish that Congress would get motivated over this. Maybe if enough other people speak out about it, they'll take our lead.

[LaPera]

9. The ultra right-wing Cato Institute?

Let me begin to pay attention...That's all they could come up with?

They've (Cato Institute) have fucking supported and defended Bush's fascism to no end...I guess pretending objectivity persuades some...

[Time for change]

10. I don't understand why you say that

This report is a scathing indictment of the Bush administration's violation of our Constitutional rights. The fact that it was written by a generally right wing organization makes it all the more important and newsworthy.

If they meant to support the Bush administration with this report, why would they criticize it so vigorously? If they were a left wing organization I could understand why they might be accused of "pretending objectivity".

[young_at_heart]

12. Senior staffers held high-ranking posts in the Reagan administration

Though the Cato Institute portrays themselves as politically unaligned its philosophy puts it squarely in the Republican camp.

[Time for change]

13. Yes, they are a right wing organization

That is one reason why I think that this report is so encouraging. When even Bush's normal allies are willing to criticize him in such blunt terms, it seems like the tide may be turning.

[mwb970]

15. I *knew* that list sounded familiar!

• 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.

This is basically the description of the Soviet Union I was given as a child when I asked why they were our enemy. Secret government, fake elections, suppression of dissent, "disappearing" of citizens, constant spying on everyone - we've got it all now.

Excuse me while I go "duck and cover". The practice may do me good.

[Time for change]

16. Isn't that the truth

I hope our Congress wakes up to this pretty soon.

Of course, it's very difficult to speak out against it when you know that will earn you a blasting by the corporate media, who will refer to anyone who complains about it as "whiners"