When Tony Snow made the rounds of talk shows this week, some might have been surprised at his message.
Snow to CNN: "There's another principle, which is Congress doesn't have the legislative -- I mean oversight authority over the White House."
Snow to NBC: "Congress doesn't have any legitimate oversight and responsibilities to the White House."
Snow to NBC: "First, the White House is under no compulsion to do anything. The legislative branch doesn't have oversight."
Snow to ABC: "The executive branch is under no compulsion to testify to Congress, because Congress in fact doesn't have oversight ability."
Just in case you missed it the first time, Snow repeated himself to make sure the public gets the message: the White House has declared itself, a law unto itself, beholden to no other authority. This goes quite a bit beyond the already massive expansions of "executive privilege" previously claimed by this administration.
Congress has the enumerated authority under the constitution to pass laws, to raise a military, to declare war, and to impeach and remove members of the executive branch. Does the word "oversight" appear? It doesn't, but it's so clearly implied in the powers designated to Congress that there's been really little doubt of this power since 1787. The Supreme Court has agreed with Congress' role in overseeing the White House on any number of occasions. After all, how can Congress have impeachment authority over the executive if any investigation can be stonewalled by an uncooperative administration? The judicial equivalent would be making a defendant the judge at his own trial.
Under the Snow interpretation, the executive could get away with anything. Anything at all. Absolutely anything. Like Tony, I wanted to repeat so you would be sure I meant what I said. A lack of congressional oversight would not just place the White House above the law, but completely beyond it.
Though it may have passed as just another incidence of Snow being trotted forth to distribute the day's right wing talking points, what was said on Friday should not go without notice. This is the single more amazing declaration in an administration that has already produced more extraordinary claims than the fountain at Lourdes.
For the last forty years, there has been only a single Republican administration. That may seem an odd idea. After all, at least a couple of Republicans have been elected over that period -- and a couple more have found their way to the White House through other means. No matter the name on the Oval Office door, the philosophy promoted by the White House has remained. This the Imperial Presidency of Richard M. Nixon, now brought to inglorious summer by the (adopted) son of Crawford. It was under Nixon that the philosophy of a supreme executive was gestated. It was under Nixon that the men who populate the current administration were taught their love for tyranny over justice. From Watergate, to Iran-Contra, to Iraq, Nixon's heirs have worked to chisel away the rule of law. With Snow's blunt declaration of independence, any remaining illusion that the executive branch continues to act as part of the government is removed. If this interpretation holds, if the congress can not exert authority over the executive, then we are a democracy in name only.
In a high school history book, the fall of the Roman Republic is usually dated to the point were Julius Caesar, in defiance of Senate "micromanagement," ordered his legions across the Rubicon to end effective representative oversight. However, at the time, the Romans didn't see it that way. They continued to call themselves a republic for years. Decades. Long after Caesar, they kept up the hollow pretense of a senate, marching in each day to pass laws that the executive of their day did not follow, and direct armies that moved only at the emperor's command.
The Bush administration is waist deep in the Rubicon. The only question now is whether we will drive them back to the bank, or admit that we are only play-acting at democracy.