Russ Feingold (D-WI) minces few words in his prepared remarks opening the Judiciary Subcommittee on the Constitution's hearings slated to begin tomorrow:
"Tomorrow, September 17, is the 221st anniversary of the day in 1787 when 39 members of the Constitutional Convention signed the Constitution in Philadelphia. It is a sad fact as we approach that anniversary that for the past seven and a half years, and especially since 9/11, the Bush Administration has treated the Constitution and the rule of law with a disrespect never before seen in the history of this country."
I particularly agree with his statements that undoing the pitons that Cheney and Bush have sunk into the separation of powers. What human being, upon being given the keys to the White House this January, is prepared to jettison the rulings and precedents and outright abrogations of law used to formulate the "Unitary Executive"? Will we hear "thank, but no thanks" or "we'll take this under advisement" from the new President?
I am optimistic that a former professor of constitutional law might be keen to see what Bushco wrought and to undo much of the more egregious overstrides, but as Feingold says,
"It’s not simply a matter of a new President saying, ‘Ok, I won’t do that anymore.’ This President’s transgressions are so deep and the damage to our system of government so extensive that a concerted effort from the executive and legislative branches will be needed. And that means the new President will, in some respects, have to go against his institutional interests."
What are the new President's "institutional interests"? In my world, the Executive is charged with upholding the Constitution and carrying out the laws of the land - as defined by Congress. Should Obama carry the day, cons and their Mighty Wurlitzer will scream at every perceived rollback from the Police State that Bush has put in place.
"All of this testimony will be included in the written record of the hearing, which I plan to present to the incoming Administration. The submissions we have received so far can be seen on my website at feingold.senate.gov. I hope that many of these recommendations, along with the testimony we will hear today, will serve as a blueprint for the new President so that he can get started right away on this immense and extremely important job of restoring the rule of law."
What think you?