The American
democracy that was once exemplary to the world is now under siege by a
power-hungry president with an insatiable lust for global dominance. For
more than five years, George W. Bush has continuously violated the law
of the land by ignoring the Constitution, by rewriting laws passed by
Congress with his signing statements, and by issuing more than 200
executive orders as new directives for fine-tuning the government to
suit his policies. The United States is now facing a regime change
-- from democracy to autocracy.
Incidentally, the
last monarch of England to rule the American colonies was also named
George. Known as the mad King George III, he suffered bouts of insanity
until he was considered unfit to rule. The oppressive autocracy of King
George III gave birth to democracy in the United States.
It is precisely
abhorrence for dictatorship that our forefathers fought for independence
and created a democratic government with separation of powers. In James
Madison’s words written in The Federalist Papers, No. 47:
"he accumulation of all powers,
legislative, executive, and judiciary, in the same hands, whether of
one, a few, or many, and whether hereditary, self-appointed, or
elective, may justly be pronounced the very definition of
tyranny."
To put it succinctly, Thomas Paine wrote in Common Sense:
"In America, the law is king.
For as in absolute governments the King is law, so in free countries the
law ought to be king; and there ought to be no other."
However, Bush believes he is above the law. Like a medieval Christian king, he claimed that God chose him to rule, as he once commented,
"I believe that God wants me to be president."
Surrounded by
conniving neoconservative courtiers, sycophantic Republican ministers,
loyal military soldiers, and obedient press corps jesters, President
Bush has taken surreptitious steps to anoint himself king in the White
House where greedy corporate leaders stood in line, bearing donations in
exchange for political favors. While the unaware public subjects have
descended to serfdom, King Bush and his henchmen have amassed power and
control over the land, tracking everything from Internet to telephone
calls. While ordinary citizens have been worrying about rising gasoline
prices, impending global warming disasters, or losing their jobs to
outsourcing, King
Bush's clan and heads of oil and military-related conglomerates have
been reaping profits under the new kingdom of ill-gotten wealth at the
expense of Americans, Afghanistanis and Iraqis. While the nation shows
that every sector is suffering across the board, from homeland security
to economics, the military has nevertheless gained grounds on war
fundings and productions of deadly nuclear weapons to pursue King
Bush's endless war on terror.
Dismantling the Constitution
Since he took
office, Bush has been consistently disobeying the Constitution, racking
up a long list of violations, some of which have been revealed recently,
ranging from illegal war to prisoner torture to domestic warrantless
spying. He has not only trampled on our Constitution but also made a
concerted effort to remove checks and balances in our democratic system
by making Congress irrelevant and the courts tilted in his favor with
appointed judges advocating his policies.
Citing Unitary Executive
To justify his right being
"king" in a democracy, Bush believes he has "unitary
executive" authority stemming from his role as commander in chief, which
grants him license to overrule and bypass Congress or the courts, and
even violate long-established laws and treaties. Ironically, by claiming
his authority of
"unitary executive," Bush violates his own presidential oath of office,
which explicitly states that the president’s role is to
"take care that the laws be faithfully executed."
Citing "unitary
executive" authority as commander in chief, Bush overruled or bypassed Congress with his signing statements at least four times:
--Overruled
Congress to forbid U.S. troops from engaging in combat to assist the
Colombian government in its fight against rebels. (Bush wrote that he
didn’t have to obey Colombia restrictions.)
--Bypassed
Congress twice to forbid the military using intelligence for
"illegal searches" in violation of the Fourth Amendment (before and
after the disclosure of warrantless domestic spying) in August 2004 and
December 2005. (Bush declared that he is the Decider whether such
intelligence can be used by the military.)
--Bypassed
Congress' set of new 2004 rules for military prison regulation
-- calling provisions for military lawyers to advise on torture, retrain
military prison guards, perform background checks on civilian
contractors in Iraq, and ban contractors from
"security, intelligence, law enforcement, and criminal justice" duties.
(Bush wrote that he could ignore them all.)
Making Congress Irrelevant
Since 2001, Bush
has silently countered more than 750 laws passed by Congress with
presidential signing statements, by far a record for any president. Bush
believes he can ignore any law passed by Congress when it
conflicts with his interpretation of the Constitution. The record shows
that he has ignored many laws that are related to military regulations,
affirmative-action provisions, Congress awareness of immigration
services problems, whistle-blowing protections, and federally funded
research.
In an attempt to
keep Congress in the dark, Bush deliberately bypassed numerous laws that
involved requirements to provide congressional oversight committees
information about government activities. In 2003, Congress tried to keep
track of his out-of-control signing statements by passing a Justice
Department spending bill with a requirement that the department informs
Congress whenever a legislative provision is ignored. In response, Bush
signed that spending bill with a signing statement, nullifying the
notification requirement.
According to Presidential Studies Quarterly,
Phillip Cooper, who is the leading expert on signing statements,
recounted Bush’s abuse of signing statements in his first term:
- 2001: 23 signing statements
- 2002: 34 signing statements, raising 168 constitutional objections
- 2003: 27 statements, raising 142 constitutional challenges
- 2004: 23 statements, raising 175 constitutional criticisms
In fact, Bush is
the first president since Thomas Jefferson to remain in office without
ever issuing a veto. He never once gave Congress a chance to override
his judgments. Instead, he continues the quiet maneuver of penning his
opinion in a signing statement to override a bill that Congress passed.
Challenging Court Decisions
Bush has also
tried to weaken the judicial branch. Although the Supreme Court has
repeatedly backed Congress to create positions for executive branch
officials to act independent of the president, like special prosecutors
free of Justice Department oversight and the board of the Federal Trade
Commission free of political interference, Bush has declared in his
signing statements that every executive official falls under his
control.
Furthermore, the
Supreme Court has always supported minorities in affirmative-action
programs. At least nine times in the past, Bush has endorsed provisions
that could be construed as representing reverse discrimination against
whites.
By placing his
handpicked Supreme Court judges, Samuel A. Alito (creator of signing
statement) and John G. Roberts, both of which are conservative and
supportive of his policies, Bush has evidently tipped the balance of the
judicial branch in his favor.
Conclusion
It looks as though
America will come full circle, from autocracy to democracy, back to
autocracy. Unbelievably, on February 17, 2005, Congress delivered the
Bill #HJ24IH, Proposing an amendment to the Constitution of the United States to repeal the 22nd amendment to the Constitution, on a silver platter to Bush to continue serving as President beyond two terms.
(First published on UniOrb.com, June 1, 2006)