Bush's Final State of the Union Address

^{See also: George W. Bush on Civil Liberties}

Photo: Pool / Getty Images.

"Seven years have passed since I first stood before you at this rostrum," began last night's State of the Union address. "In that time, our country has been tested in ways none of us could have imagined."

No kidding.

But now the Bush administration is coming to a close, and with it the post-9/11 policy agenda. In January 2009, the 44th President of the United States--most likely a President Barack Obama, President John McCain, President Hillary Clinton, or President Mitt Romney--will address the nation and outline a new legislative agenda for the coming year. It's difficult to imagine a United States in which George W. Bush is no longer president, but that reality is now less than a year away.

Last year (see "The State of the Union 2007"), I looked through President Bush's address for signs of a civil liberties agenda. There wasn't much to work with. As I wrote at the time:

When President Bush gives his final State of the Union address in January 2008, Congress will still be in Democratic hands and Democrats and Republicans will be battling in presidential primaries to decide who the next president will be. President Bush will be in no position to suggest any new policy initiatives. His role will essentially be limited to continuing current policy, dealing with emerging crises, and trying not to make his party look any worse than it has to in an election year ...

If he had any bold new agendas to suggest, last night would have been his last good chance to suggest them. The next substantive policy-oriented State of the Union address will be delivered in 2009 by a different president.

As it turned out, I was only half right. There was definitely a bold agenda in last night's speech, but it wasn't really new. It was a promise to exercise his veto pen against any legislation that runs counter to his fiscal policy agenda. For the most part, this has nothing to do with civil liberties.

But in the course of the speech, he did lay out a few points that are worth discussing.

School Choice

What President Bush Said:

We must also do more to help children when their schools do not measure up. Thanks to the D.C. Opportunity Scholarships you approved, more than 2,600 of the poorest children in our Nation's Capital have found new hope at a faith-based or other non-public school. Sadly, these schools are disappearing at an alarming rate in many of America's inner cities. So I will convene a White House summit aimed at strengthening these lifelines of learning. And to open the doors of these schools to more children, I ask you to support a new $300 million program called Pell Grants for Kids. We have seen how Pell Grants help low-income college students realize their full potential. Together, we've expanded the size and reach of these grants. Now let us apply that same spirit to help liberate poor children trapped in failing public schools.

What President Bush Meant:

He wants to spend $300 million on a federal school vouchers program, but he knows perfectly well that he isn't going to resolve the vouchers debate in an election year. Expect this to be an item on the next Republican presidential nominee's policy agenda.

More About School Vouchers:

• The Case for School Vouchers:
  • School Choice: For Some or For All? (Robert Kennedy / About.com: Private Schools)
• The Case Against School Vouchers:
  • Hot Topics: School Vouchers (Austin Cline / About.com: Atheism and Agnosticism)

Human Cloning

What President Bush Said:

On matters of life and science, we must trust in the innovative spirit of medical researchers and empower them to discover new treatments while respecting moral boundaries ...

And as we explore promising avenues of research, we must also ensure that all life is treated with the dignity it deserves. And so I call on Congress to pass legislation that bans unethical practices such as the buying, selling, patenting, or cloning of human life.

What President Bush Meant:

With embryonic stem cell research off the political radar, President Bush has moved on to the juicier issue of human cloning in advance of the 2008 presidential elections. The Republican will support a ban on cloning, which will help galvanize the pro-life party base; the Democrat will attempt to explain the distinction between reproductive and therapeutic cloning. There's a slim chance that Congress could actually pass a ban on reproductive cloning before the presidential election, which would simplify the debate considerably, but I wouldn't hold my breath.

More About Human Cloning:

• Should Human Cloning Be Banned?

Judicial Appointments

What President Bush Said:

On matters of justice, we must trust in the wisdom of our founders and empower judges who understand that the Constitution means what it says. I've submitted judicial nominees who will rule by the letter of the law, not the whim of the gavel. Many of these nominees are being unfairly delayed. They are worthy of confirmation, and the Senate should give each of them a prompt up-or-down vote.

What President Bush Meant:

President Bush wants to put conservative judges on the federal appeals courts, and doesn't like the fact that the Democratic Senate leadership has blocked their approval. The Democratic Senate will continue to block their approval, and President Bush will continue not to like it. Nothing to see here.

Immigration Reform

What President Bush Said:

America needs to secure our borders -- and with your help, my administration is taking steps to do so. We're increasing worksite enforcement, deploying fences and advanced technologies to stop illegal crossings. We've effectively ended the policy of "catch and release" at the border, and by the end of this year, we will have doubled the number of border patrol agents. Yet we also need to acknowledge that we will never fully secure our border until we create a lawful way for foreign workers to come here and support our economy. This will take pressure off the border and allow law enforcement to concentrate on those who mean us harm. We must also find a sensible and humane way to deal with people here illegally. Illegal immigration is complicated, but it can be resolved. And it must be resolved in a way that upholds both our laws and our highest ideals.

What President Bush Meant:

While I don't completely agree with Bush's statement here, this is actually my favorite part of the Bush speech and it speaks to some of his better qualities. The Republican presidential primary is heating up with anti-immigrant rhetoric. Some candidates, most notably John McCain and Mike Huckabee, are being attacked for their moderate views on immigration. President Bush is subtly reminding Republicans that he, the two-term incumbent president, happens to share those views.

In terms of legislation, however, it's unlikely to mean anything. The Gordian knot of comprehensive immigration reform will not be cut in an election year. Expect to see this addressed in 2009.

More About Immigration Reform:

• 2007 Immigration Plan Would Create "System of Modern Peonage"
• Top 10 Immigrants' Rights Blogs
• Why I Support Amnesty for Undocumented Immigrants

Warrantless Wiretapping

What President Bush Said:

To protect America, we need to know who the terrorists are talking to, what they are saying, and what they're planning. Last year, Congress passed legislation to help us do that. Unfortunately, Congress set the legislation to expire on February the 1st. That means if you don't act by Friday, our ability to track terrorist threats would be weakened and our citizens will be in greater danger. Congress must ensure the flow of vital intelligence is not disrupted. Congress must pass liability protection for companies believed to have assisted in the efforts to defend America. We've had ample time for debate. The time to act is now.

What President Bush Meant:

After 9/11, the Bush administration cooperated with telephone companies to illegally monitor communications in violation of the Foreign Intelligence Surveillance Act of 1978. (The Bush administration is not the first to violate FISA, but it is probably the first to do so on such a large scale.) Congress is revising FISA to accommodate the growing needs of the intelligence community. Two versions of new FISA revisions were approved by Democratic Senate committees--the Judiciary Committee version protects telephone companies from lawsuits based on participation in government surveillance, while the Intelligence Committee version does not. President Bush favors the Judiciary Committee's version of the bill.

Immunity from class-action lawsuits is not, strictly speaking, a civil liberties issue--the civil liberties issue is that the government is asking for this information in the first place. But telephone companies would probably be less likely to comply with illegal requests if threatened with costly lawsuits from privacy-conscious consumers.

More About FISA and the Spygate Scandal:

• FISA: The Game of Hardball Continues (Kathy Gill / About.com: U.S. Politics)
• History of the Foreign Intelligence Surveillance Act (FISA)

Conclusion

If you were expecting anything shocking in President Bush's 2008 State of the Union address on the subject of civil liberties, it wasn't there. There was nothing about abortion, same-sex marriage, or other hot culture war issues. He touched on immigration primarily to remind everyone where he stood on the matter, not to promote a viable new policy initiative. He never mentioned waterboarding or other forms of torture. He never mentioned Guantanamo. And the rest of his remarks either restated positions that we already know he holds, or proposed policy initiatives that we already know he lacks the political capital to push through in an election year.

In other words, President Bush is officially a lame duck. See you next year!

See also:

• Bush Gives Final State of the Union Address Tonight (Robert Longley / About.com: U.S. Government Info)
• Bush's 2008 State of the Union Address: Full Text (Kathy Gill / About.com: U.S. Politics)