The president is right about one thing.The constitution does provide for broad powers in the Executive to conduct war in any way he sees fit and is unreviewable.
Congress has acknowledged this inherent power in the War Powers Act(1973).The president also has plenary authority to use force to respond to the terrorist attacks on the United States.This war making authority is sacred and must be used legitimately and judiciously.It must be consistent with the Oath of Office in which the President affirms his duty to preserve and defend the Constitution of the United States.
In The Federalist no.34 at175,Alexander Hamilton states "..upon the exercise of these powers no restrictions are imposed.Ofcourse the power to prosecute it by all means and in any manner in which war may be legitimately prosecuted".
So why the rumblings?If the President can do anything he wants within the constitution ,why are people so mad?
No Chief Executive has been as powerful as George Bush.Rightly,Congress granted him extraordinary powers to defend America against future attacks.What Congress didn't spell out is that the presidents duty to uphold the constitution was still paramount.They shouldn't have to.The Oath is simple and self explanatory.
No war power suspends this duty.No commander-in-chief clause trumps this duty.The president cannot engage in any action that undermines the constitution or subverts it.To that there is no argument,no differing opinion,no parsing-the constitution is the supreme body of law .James Madison:"The president is impeachable if he attempts to subvert the constitution".
It would also serve the president well to remember that all power in the United States is derived from the people.The people are the ultimate authority and all his powers are granted by us.
What is our role?Eternal vigilance.This is the price of liberty.It is our duty to elect people who will hold the constitution and Bill of Rights in the highest regard.If we fail in our duty,then by our silence, we approve.This is the sanction of the victim.Ayn Rand defined it as "the willingness of the good to suffer at the hands of the evil,to accept the role of sacrificial victim for the "sin" of creating values".
As Americans we want to support our country,we want to honor our troops,we want to stand behind our president when he acts in our name,but can we in good conscious sanction the acts of this president?We've heard a lot about good versus evil,but what should we do when its our side that starts behaving in an evil manner? Morality requires that we do not sanction our own victimhood.
Americans must not only voice their opposition to this unconstitutional expansion of goverment power,they must scream it from the mountaintops,from the valleys,in their schools,at work,in unionhalls,countryclubs,churches and bars.This is our duty.Dissent is the oxygen of democracy.If we all agreed ,democracy would die so damn those that want to suppress opposing viewpoints,we must fight for liberty and freedom and prosecute those that use goverment as a personal cash cow;as a way to enrich themselves and their friends,while screwing over the working men and women of this great nation.
The drip drip drip you hear is your personal freedoms slowly leaking away.If someone says you shouldn't be afraid if you are spied on ,if you have nothing to hide,tell them that this is besides the point,it is against the law period.It is also against the law to torture people.It is against the law to use chemical munitions against civilian populations.It is againt the law to render suspects to countries that torture.Period.
In a democracy we defend the rights of people who are bad ,even evil.Jose Padilla is a US citizen.The consitution protects him from a goverment that would strip him of his rights.He has rights that have been violated by this president.Our constitution serves us best in times like these ,when we are vunerable to outside attack,when terrorists are plotting to kill more of us;this is when we cleave to this document the most.Padilla deserves his day in court and if he is guilty,then he should be punished.Isn't it ironic that the Butcher of Baghdad gets a trial and an American is trapped in a legal vacuum?
As a people we must demand a fair accounting of what is going on in Guantanamo,what is going on in the secret prisons...We shouldn't turn our heads when mosques are singled out for "special treatment",because next time it may be internment camps.In this new year,we are called to duty,we are the soldiers ,whether you are progressive or conservative,libertarian or anarchist,this is the time to defend our constitution ...that is our calling and we have a simple credo,Give me liberty or give me death..
Barbara Jordan,in her rich deep voice laid it out for us .Remember her admonishment that if we ignored bad acts in the name of fighting a war ,then an "18th century constitution should be abandoned to a 20th century shredder".We must demand an independent prosecuter who will determine whether:
1.The POTUS authorised unconstitutional means to extract information from suspects.
2.The POTUS lied to congress and the American people about sadaams link to Al Queda and the WMD intelligence.
3.The POTUS authorised the NSA /FBI to spy on US persons contrary to the FISA act,and "doctored" warrants or used them to spy on political opponents.
4.The POTUS denied a US citizen his constitutional rights to a speedy trial,right to counsel and right against self incrimination by designating him an enemy combatant ,a here to fore unknown classification for an American.
5.The POTUS directly intervened in a Federal Investigation ,looking into Jack Abranoff in the Mariana Islands and demoted a federal prosecutor to prevent him from completing his duty in said investigation.
{My trip to Monticello,Montepelier,The Rotunda inspired me to rededicate myself to these truths.We have inspired democracy the world over and yet are in danger of losing it here at home.}