Text 6391, 78 rader
Skriven 2008-02-25 18:16:36 av Alan Hess
Ärende: things change after Bush?
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Probably not.  :(
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www.baltimoresun.com/news/opinion/oped/bal-op.chapman25feb25,0,6924077.story
baltimoresun.com
Will the supersized presidency shrink in post-Bush era?

Steve Chapman

February 25, 2008

After the United States won its independence from Britain, some soldiers had
the idea that America should have a king of its own - namely George Washington,
their commander. Washington promptly scotched the idea. But if he were to see
some of the powers asserted by his successors, he might wonder why he bothered.

Few presidents have interpreted their authority more broadly than George W.
Bush. He has claimed the right to defy a federal wiretapping law, used "signing
statements" to nullify provisions of law that he dislikes, and ordered
Americans arrested on U.S. soil to be held as enemy combatants without access
to the courts.

He has had fervent support from legal thinkers who worship at the altar of a
strong executive. This indulgent approach contrasts with the thinking of
conservatives 50 years ago, who thought the presidency was evolving toward
virtual dictatorship. A lot of today's conservatives agree, but wish it would
evolve faster.

For those who think government powers need firm limitations, the good news is
that all three prospects to replace Mr. Bush say he has overreached. The bad
news is that whoever wins, things probably won't change much.

Sens. Hillary Clinton, Barack Obama and John McCain are on the record rejecting
the supersized presidency. All would curtail or abandon the use of signing
statements. They say Mr. Bush's detention of U.S. citizens as enemy combatants
was wrong. They agree the president may not authorize torture. All, asked by
The Boston Globe if the president could bomb Iran without congressional
authorization in the absence of an imminent threat, said no.

But can they be trusted? Mrs. Clinton raises doubts because her husband did not
shrink from claiming the right to do as he pleased. His Justice Department
insisted that the president may refuse to enforce laws he regards as
unconstitutional, much as Mr. Bush has done. Mr. Clinton sent troops to Haiti,
which posed no military threat, without bothering to ask Congress. Worse still,
he went to war in Kosovo even though Congress had voted down a measure
authorizing it (a decision his wife urged him to make).

Mr. McCain doesn't always sound skeptical of executive authority. When I asked
his director of foreign policy and national security, Randy Scheunemann, if Mr.
McCain agreed that Mr. Bush has the right to ignore the Foreign Intelligence
Surveillance Act to engage in warrantless eavesdropping, he replied, "I haven't
ever heard him publicly challenge the president on bypassing FISA."

Pledges of a less imperial presidency are a welcome change, and some, like
those on torture and the detention of U.S. citizens, will most likely be kept.
But it may be too much to hope that any of the candidates will really shrink
the office. Presidents want to be able to do what they want to do. Sharing
responsibility with Congress sounds palatable only until Congress demands
something different from what the White House wants.

So the reflex of any administration is to keep - if not augment - existing
powers. The terrorist threat can only strengthen that tendency, since any
attack will be blamed on the president.

Even a leader who wishes Mr. Bush had less authority may easily rationalize the
status quo once in office. Ceding authority would be especially hard for Mr.
McCain, who would face fierce opposition within his party. But even the
Democrats would be bucking history as well as self-interest.

Steve Chapman is a columnist for the Chicago Tribune. His column appears weekly
in The Sun. His e-mail is schapman@tribune.com.

Copyright + 2008, The Baltimore Sun

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