The Decay of the Constitution

July 15, 2007 at 9:10 pm | Posted in America, American politics, Bush Administration, corruption, Democracy | 1 Comment

Jack Balkin writes about a very disturbing point regarding what the Bush administration has done to the Constitution.

At this point in Bush’s Presidency three things matter above all others. They motivate this final round of constitutional hardball: The first is keeping secret what the President and his advisers have done. The second is running out the clock to prevent any significant dismantling of his policies until his term ends. The third is doing whatever he can proactively to ensure that later governments do not hold him or his associates accountable for any acts of constitutional hardball or other illegalities practiced during his term in office.

If the NSA program and the Torture Memos were examples of the second round of constitutional hardball, the Libby commutation and Harriet Meiers’ refusal to testify before Congress are examples of the third round. Although his Presidency now seems to be a failure, Bush’s third round of constitutional hardball may be every bit as important as the first two. That is because if Bush is never held accountable for what he did in office, future presidents will be greatly tempted to adopt features of his practices. If they temper his innovations and his excesses only slightly, they will still seem quite admirable and restrained in comparison to Bush. As a result, if Congress and the public do not decisively reject Bush’s policies and practices, some particularly unsavory features of his Presidency will survive in future Administrations. If that happens, Bush’s previous acts of constitutional hardball will have paid off after all. He may not have created a new and lasting constitutional regime, but he will have introduced long-lasting weaknesses and elements of decay into our constitutional system.

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  1. […] Balkin writes about why this is so important: At this point in Bush’s Presidency three things matter above all others. They motivate this […]


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