Constitutional law professor Jack Balkin has been writing a series of posts on the incredibly broad interpretation of the president's constitutional war powers promulgated by the Bush Administration. The latest here: The Election and the Constitution. Any true republican has to be concerned when:
In the past three years, the Bush Administration has reinterpreted the Presidency, and hence the constitutional system of checks and balances, in the image of an all-powerful Commander-in-Chief. In its most extreme form, it produces the logic of the OLC torture memo, which asserts that Congress may not interfere in any way with the President-as-Commander-in-Chief, and that all laws and international obligations that might interfere with his decisions as Commander-in-Chief must be construed not to apply to him.
The Constitution we are likely to inherit from a second Bush Administration will be a bit like the famous New Yorker cartoon of the New Yorker's vision of the World, with the Commander-in-Chief Clause dominating the page in powerful, large letters, and the rest of the Constitutional text shrinking away into tiny, barely readable prose.
There's a much shorter version of the revised constitution under Bush, simplified for our protection:
L’État, c’est Bush*
*except for parts owned by contributors or certain unnamed foreign royal families.
Posted by Doug on June 22, 2004 06:15 PM | Permalink to Comment