The Imperial Presidency is Bigger Than Bush
Saturday July 26, 2008
As scapegoats go, George W. Bush sure makes a good one. Nobody in modern history has done more than he has to expand the power of the executive branch.
So I can forgive the members of the House Judiciary Committee for focusing excessively on Bush during yesterday's hearing on executive power. But here's the thing: Bush is leaving office in less than six months. And then what?
Impeaching Bush, at this late date, would be a purely symbolic gesture that would distract from the long-term policy reform that needs to be done to prevent the next president, or the president after that, from becoming another George W. Bush. And while some have argued that impeachment would serve as a deterrent to future presidents who violate executive power, I don't really see how. If the House were to impeach Bush, it would be on party lines and would have as much to do with the Iraq War and the bad economy as it would with executive power. It would do nothing to prevent future abuses of executive power.
A better approach would be to find some constructive way to rein in the power of the presidency by adding teeth to federal regulations that theoretically restrict the power of the executive branch. I think the simplest way to do this would be to expand the mandate of the White House Office of Special Counsel somehow, making it more comparable to the Office of Independent Counsel that Bill Clinton, Kenneth Starr, and the overzealous Republican Congress effectively destroyed in 1999. The notion of an Independent Counsel, the closest thing the executive branch had to a Bureau of Internal Affairs, remains the best hope we have of enforcing legislative restrictions on the executive branch, short of revising the Constitution (which would require supermajorities that we do not presently have) or waiting for the federal judiciary to get its act together (which would take too long, and may not happen at all).
Related: George W. Bush on Civil Liberties
So I can forgive the members of the House Judiciary Committee for focusing excessively on Bush during yesterday's hearing on executive power. But here's the thing: Bush is leaving office in less than six months. And then what?
Impeaching Bush, at this late date, would be a purely symbolic gesture that would distract from the long-term policy reform that needs to be done to prevent the next president, or the president after that, from becoming another George W. Bush. And while some have argued that impeachment would serve as a deterrent to future presidents who violate executive power, I don't really see how. If the House were to impeach Bush, it would be on party lines and would have as much to do with the Iraq War and the bad economy as it would with executive power. It would do nothing to prevent future abuses of executive power.
A better approach would be to find some constructive way to rein in the power of the presidency by adding teeth to federal regulations that theoretically restrict the power of the executive branch. I think the simplest way to do this would be to expand the mandate of the White House Office of Special Counsel somehow, making it more comparable to the Office of Independent Counsel that Bill Clinton, Kenneth Starr, and the overzealous Republican Congress effectively destroyed in 1999. The notion of an Independent Counsel, the closest thing the executive branch had to a Bureau of Internal Affairs, remains the best hope we have of enforcing legislative restrictions on the executive branch, short of revising the Constitution (which would require supermajorities that we do not presently have) or waiting for the federal judiciary to get its act together (which would take too long, and may not happen at all).
Related: George W. Bush on Civil Liberties
Comments
The author of this article, Tom Head, is essentially correct. Impeachment of George W. Bush, “The Great Disasterer” (def:someone who creates or engenders foreign and domestic disasters), would be a distraction from the challenges facing Congress in general and the Democratic Party in particular (like the November elections).
With the unwavering support of our so-called “Free Press”, the GOP was able to make the impeachment of a Democratic president (for lying about adultery) seem like Congress’ sacred duty, while the current GOP president has lied on such grave issues as War & Energy Policy and has been given a pass.
It is very likely that a thorough investigation would show that both Bush and Cheney should do some prison time; that would, in some small measure, reaffirm America’s commitment to the rule of law.
Still, it would be more useful to examine what can be done to prevent such abuses of presidential power in the future.
When the GOP and their corporate masters consider ‘what went wrong’ with this Bush administration, they will not be thinking about the crimes and misdemeanors they committed. Instead they will be pondering what they should do differently the next time in order to establish a solidly Imperial/Corporate Presidency.
Although it will likely take decades to undo the harm done to America and the world by “The Great Disasterer”, it is Congress’ duty to make sure this never happens again.
Interesting post, and while I agree with you in principle regarding the impeachment and how something needs to be done to reign in executive power privileges, I’m not so sure I agree about the Special Council bit. While I personally found Clinton’s conduct in the oval office reprehensible, I honestly believed Kenneth Starr’s search for the blue dress to be tedious and ridiculously expensive. Furthermore, I found it to be an incredible distraction to American policy. If the Independent Council were reinstated with more teeth, I think it would become its own circus sideshow, draining the budget and, because its findings and results would have to be available to the public, an ongoing investigation that never ends. Any private mistakes, however innocuous they may be, would become political fodder for partisan politicians looking to undermine presidential policy.
Think about the stalemate that existed in Congress while Clinton was being investigated — at one point, if I recall correctly, government was actually shut down for a period because Congress couldn’t reach an agreement on a general budget and there was subsequently no way to pay federal employees. It was a very dark period in our nation’s history.
While many of my fellow conservative say it was Clinton’s fault for acting the way he did and sparking the investigation, I say it was the decision to appoint a special council to investigate his behavior. It began with a legitimate look into the Whitewater deal and devolved into a sex scandal.
Part of the trouble was the Independent Council’s powers were absolute — not finite. Starr was given free reign to investigate anything he wanted. His office became just as corrupt as the president he was investigating.
I think the best way to curtail the president’s executive powers is to pass legislation that limits the powers of that office. Just as Nixon was prosecuted and impeached for breaking the law by ordering the Watergate break-in, any illegal activity by the president would be subject to the same conditions. The devil, as with everything, is in the details, however. How far do you go with the limitations? The office has to have enough power to serve as the check and balance for the other branches of government. It’s a very slippery slope.
>I personally found Clinton’s conduct in the oval office reprehensible
Why does just about everyone say this? In my opinion, because they desire to show everyone what fine, upstanding citizens they are so that their opinions will be taken seriously, they hope. For me, it’s just the opposite. Kind of a BS warning…..no offense.
I personally found the Clinton presidency to be the most fun of any in my 56 years. Also the most economically prosperous. There is no comparison between the Bush presidency and Clinton’s.
Look, if Clinton’s impeachment was proper, then Bush certainly should be impeached. What? Is there a statute of limitations on dismantling a significant portion of the constitution? What lesson are you teaching when you let a guy get away with it because his job is about to end?
Does nobody think any more?
Al
Al, most of the stuff we condemn about Bush applies, to a greater or lesser extent, to Clinton.
Angry about expansion of executive power? Clinton did almost as much as Bush to expand it. Angry about violation of FISA? Clinton did that in 1994. Angry about torture? Clinton pioneered extraordinary rendition. Angry about the schoolhouse to jailhouse pipeline? Clinton pushed for try-as-adult sentencing for juveniles. Angry about Iraqi civilian casualties? Between the sanctions and the bombing, Clinton claimed more than his share.
Was Clinton as bad as Bush is? In my view, nowhere close. But did he abuse the office of the presidency? Unquestionably, and at great cost to both his fellow human beings and the balance of power.
More on that here.
Justin, here’s the kicker re: expansion of power… Policy alone doesn’t do the trick. If it did, we wouldn’t have had two consecutive presidents violate FISA. The executive branch’s prerogative is to ignore regulation that it does not consider a proper exercise of congressional power under Article I. Disputes between the executive and the legislative branches are usually resolved by the judiciary, which has failed in its duty for the most part.
I think we need to give a hard look to the independent counsel precedent and see what we can do to restore the office of a Kenneth Starr without making it such an easy vehicle for politicians looking to discredit their opponents. And if the choice is between having a Kenneth Starr under every administration or having a series of unchecked administrations, I can live with a Kenneth Starr. Heck, let’s be honest: If Clinton actually hadn’t had sexual relations with Monica Lewinsky, or if he did it on his own time, then Kenneth Starr would have been nothing more than a minor drain on taxpayer funds.
To Tom Head:
>Was Clinton as bad as Bush is? In my view, nowhere close.
So you’re saying Bush should UNQUESTIONABLY be impeached?
Al
I think he unquestionably DESERVES impeachment, but I don’t think that’s the best place for civil libertarians to focus our energies right now. There’s no two-thirds majority in the Senate to support impeachment, and the argument in favor of it–focusing as much or more on the Iraq War, the bad economy, and simply Bush’s low approval ratings as on his executive branch power-grab–would distract Congress from the real long-term policy reform that needs to happen. It would be a symbolic gesture–House impeachment resolution for Bush to make up for the House impeachment for Clinton, eye-for-an-eye style–and not a particularly useful symbolic gesture at that.
By the way, I also thought that the Clinton impeachment was stupid–though in that case, as well, I thought Clinton personally deserved what he got. Clinton and Bush are two apples from the same tree as far as I’m concerned.
Tom: Well, perhaps impeachment isn’t the best way to go (though I believe that it is). Perhaps something with the threat of some jail time would be more appropriate, though I have no idea what that would be.
Because my experience tells me that if someone notices that so-and-so got away with something, then it tells them that they can too. You as much as made that point with your info about Clinton’s actions preceding Bushs’. And surely we are all aware that no matter the party, if one politician sees someone finagling, they often start to finagling themselves. That doesn’t bode well for the future in my opinion.
I could care less about Bush personally and have no “eye-for-an-eye” scenario in mind, though certainly many would try to spin it that way. But when someone does as much damage as was done on Bush’s watch, someone has to step up and take action lest such shenanigans repeat themselves, perhaps to an even greater degree.
I suppose just a “look to the future” attitude would be recommended by many, but it seems to me that if there aren’t serious repercussions for the damage done, there’s gonna be a day of reckoning visited upon us by someone of a more diabolical bent.
Al, you make some good points, but the reason the Clinton example is relevant is because it demonstrates that both parties have been lax on executive power, and that anything short of focused, long-term policy reform is unlikely to prevent imperial presidency issues. I’m guessing that Obama will be better than Bush was on this stuff, if only because there’s a backlash against it, but what about the president after Obama? And how much of a deterrent will impeachment really be if it’s something that the congressional majority predictably does to the president of the opposing party when his approval rating drops?
I would support a specific impeachment or censure resolution that focuses on executive power abuses, but unless it does, I’m not sure it wouldn’t do more harm on these issues than good–as it would leave folks with the impression that all of the bad stuff started with Bush and will end with Bush, when in fact it started with Nixon and will never end unless Congress girds up its loins and makes some serious policy reforms.
Tom: I would agree with your “solution”, if I thought it could actually be brought to fruition. In reality, I don’t see it happening. Really, do you?
In fact, I foresee the opposite. Having had a taste of executive expansion, the lions will never forget it’s seductive allure. Like an addictive personality after an “experience”, the compulsion will remain. Therefore, I doubt that a significant move toward effective constraint is even possible. At best, a toothless show in that direction, easily sweep under the rug by smooth speech, the same stuff that got the country in this position in the first place.
But you are correct, the law or a smart reconfiguration of the law and it’s mechanisms should be the “go to” solution. Especially as a CL, that is the most natural and best solution.
But now, at least at the executive level, the day of reigning in an imperialist by law has evaporated. Now, anything can be made to seem to be right and logical, even if every non-partisan attorney and law student knows otherwise.
Now, only disgrace and dishonor or what “history will think” about a President carries any significant constraint. At the executive level, the law is like a low and slow jump rope that even an old man can step over, especially if the Addington’s of the world are there to direct the step.
I see impeachment, with a specific emphasis on the imperialistic, constitutional abuses, as the strongest expression of disgrace and dishonor. A publicly heralded statement to the United States and the world that this will not stand and will not be tolerated.
Impeachment was a disgrace for Clinton, even as proven by his imploring explanations later in his book.
So it seems to me to be the most effective response.
Initially, I said that I didn’t think that your solution could or would be implemented. Frankly, I don’t see impeachment going anywhere either. So where does that leave us?
Al
amazing…virtually all presidents have expanded their powers…certainly some more than others…but how can that happen if it is not accepted or even expected by the American people and by the circumstances of the times? Nothing in the Constitution can establish procedures that cover many of the instantaneous events presidents are expected to resolve. It is absurd, in my view, to even consider impeachment on any of these topics…all of that is purely political or a matter of trying to impose your views when you disagree with a president’s decision-making…it is academic b.s. at its worst. Leaders have to make decisions in the heat of the moment…based upon the information that they have available to them and their view as to what is best for their country and the world…obviously, there will be the 20/20 vision that hindsight offers later…but only time will really tell if those decisions had merit or not…impeachment as a consideration is totally unacceptable and the application of the so-called War Powers Act to any of this is a serious stretch and self-serving.
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