The Good Democrat

Raw Power vs The Rule of Law, or Why Democrats Can’t Do a Single Thing About Bush

I have closely observed the goings on of my government (as best as I can seeing how secretive they want to be) these past five years, ever since Bush decided to go to war with Iraq back in the summer of 2002. (Read Bill Schneider’s “Marketing Iraq: Why Now?” where you can read Andrew Card’s comment: “From a marketing point of view, you don’t introduce new products in August.” They decided over the summer to attack Iraq. The rest was all a matter of marketing, selling it to the American public). They got the war rammed down Americans’ throats, with an extremely complicit media rooting the Administration on, damned be anyone that stood in their way.

The corrupting influence of raw power began immediately after 9/11. I’m sure in the very first seconds of realizing the potential power the Executive could yield, the Administration probably had good intents, but those were just a few seconds. They realized just how much power they really had: raw power. And they realized they must keep it a secret, for if it really got out, they would be forced to follow the rule of law, and not the rule of raw power. They took advantage of all the support (90% approval ratings and support from many nations around the world) and ran with it as far as they thought they could go. Karl Rove told Republicans in January of 2002 to run with the war in the November elections and they would win seats. They did and they won seats. They got the war they wanted, on the cheap, small force, shock and awe military might that defeated a ragtag worn down Iraqi military in three weeks. No surprise there. No wonder so many neo-conservatives and their allies chortled after the war, and drank in their wine of success.

Reports and studies, however, were there from the beginning that all was not well, and that continuing down this path would lead to serious problems for America. The most serious is the raw power employed by the Bush administration. Unchecked, the Bush administration began, right from the start, right from 2001 and early 2002, to employ power beyond what is written in the Constitution. Why? Because they saw what raw power there was in the Executive Branch and they took it. Even so, they knew they were doing wrong, or they wouldn’t be so secretive about it. Only those with something to hide, hide something. So right from the start, the United States of America began torturing people, employing techniques learned from the Soviets and the Nazis. They kept this as much of a secret as they could. For they knew if this were to get out, they would be in trouble. The American public still had more raw power over the administration, at least until after the 2004 presidential election. Once that election passed and Bush won, their raw power achieved the ultimate. For the next four years, no one could stop them. So some of their secrets could get out. In fact, by slowly getting out, the secrets became acceptable. Like any watcher of pornography, you can justify the soft porn at first, but you cannot justify the hardcore. Once you get enough of the soft porn, the hardcore becomes acceptable and even desirable. It soon becomes a part of who you are.

In 2006 something wonderful happened. America broke out of the spell of this administration and its evils. A lot of Democrats and liberals (and many independents) were hopeful to see a change.

Unfortunately that is not going to happen. You see, the Bush administration has tasted of raw power and they will not let go. In fact, even if the Democrats get a veto proof majority in these next 18 months, there is nothing to hold back the Bush administration from simply defying the veto overrides of Congress. Note with what impunity the administration is telling private citizens not to show up for Congressional subpoenas! They even claim executive privilege over documents related to Pat Tillman’s debacle. Why? Because they can. There is no raw power above them, so why should they listen to anyone or do anything for anyone? They answer to none but themselves.

We must realize that there is only one thing that can actually end this raw power by this administration over these next 18 months and that is a full on revolution where the American people rise up and kicks this administration out of power. Congress has no raw power to impeach this president. He will simply defy their will. Why should he bother with Congress? He has no incentive. He has nothing to lose.

America has not been in as dangerous and precarious position as it is today. We must go back to the rule of law. For the rule of law to have any real effect, those who broke the rule of law must be punished and held accountable. Otherwise, what is the purpose of law? Without any punishment, there is no law. Unfortunately this will not happen, and we will have to deal with the administration as currently constituted for the next 18 months. We will have to deal with a possible military strike on Iran. We will have to deal with attempts by this administration to fix the next election so that they ensure a Republican president and a security and secrecy over what they have done these past six years. What Republican candidate today is going to actually hold anyone in the Bush administration accountable for their crimes? What Republican candidate today will punish anyone in this administration?

For that matter, what Democrat will truly do what needs to be done? I bet that even they will come up with some rationale about healing the wounds of Bush’s divisiveness and let them get away with it. Again, if there is no punishment, can there really be a law? If there is no law, what do we have?

Jack Balkin writes about why this is so important:

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.

This administration is by far the worst that America has ever seen. But it is far more dangerous than that. Their policies and their use of raw power has done serious and potentially permanent damage and harm to the rule of law and the Constitution. Note for example the audacity of Sara Taylor claiming her oath to the president rather than to the Constitution. When corrected, now how smugly she replied:

Leahy: And then you said, I took an oath to the President, and I take that oath very seriously. Did you mean, perhaps, you took an oath to the Constitution?

Taylor: Uh, I, uh, yes, you’re correct, I took an oath to the Constitution. Uh, but, what–

Leahy: Did you take a second oath to the President?

Taylor: I did not. I–

Leahy: So the answer was incorrect.

Taylor: The answer was incorrect. What I should have said is that, I took an oath, I took that oath seriously. And I believe that taking that oath means that I need to respect, and do respect, my service to the President.

Leahy: No, the oath says that you take an oath to uphold and protect the Constitution of the United States. That is your paramount duty. I know that the President refers to the government being his government — it’s not. It’s the government of the people of America. Your oath is not to uphold the President, nor is mine to uphold the Senate. My oath, like your oath, is to uphold the Constitution.

This was an unscripted moment showing the reality of the raw power employed by the Bush administration. Loyalty is NOT to the Constitution, but to the president. Because the real raw power is not in the Constitution, but in Bush and Cheney. Note also Cheney’s ludicrous claim that is was not part of the executive branch, and thus cannot be held in check by any rules or regulations. These are but a few examples of the raw power employed by the Bush administration. (Heck, let’s not even bring up Scooter Libby!).

What can be done? At this point we must continue to reveal the secrets, show Americans just how much the Bush administration is not for the Constitution they took an oath to uphold. Continue forcing them to explain themselves. History will be the judge. If the administration attempts to start a fight with Iran, we must take to the streets and say NO! It won’t do much to actually stop them, but that’s all we can do, unless we’re riping for a real revolution.