Happy Constitution Day. Now Let's Reclaim Our Democratic Heritage.

By Common Cause . Posted September 17, 2008.

It has been a tough few years for "We the People," as Sen. Russell Feingold (D-WI) and former Sen. Lincoln Chafee (R-RI) noted last week, commenting on the way the Bush Administration has undermined and disregarded the Constitution.

"It is a sad fact, as we approach Constitution Day, that for the past seven and a half years, and especially since 9/11, the Bush administration has treated the Constitution and the rule of law with a disrespect that I think we've never seen before in the history of this country," Feingold said. "By now the public can be excused for being almost numb to new revelations to government wrongdoing and overreaching."

"I certainly was there for so many of the abuses, and was frustrated by the lack of congressional spine to stand up to this administration, particularly some of the veteran members of Congress who'd been there for years and years, and worked so hard to build this country to the status that we enjoyed at the turn of the century," said Lincoln Chafee, a former Republican senator from Rhode Island. "I don't have a good answer for why that is; I guess we're all culpable - media, Congress, citizens alike - for not expressing more outrage."

The administration has sidestepped the rule of law, thumbed its nose at congressional oversight and attempted to overwhelm the separation of powers, leaving our Constitution - as well as our democracy and our standing in the world - on a precipice.

Wednesday, September 17 is Constitution Day, the anniversary of the first signing of that sacred founding document 221 years ago, a critical moment not only to relearn the content of the Constitution, but to fight for it - to make sure that its laws and values do not continue to erode.

Fired U.S. attorneys, warrantless wiretaps, government-sanctioned torture, "executive privilege" - how did we get here? Power struggles between the branches of government are nothing new; as constitutional law professor Jonathan Turley says, "God knows we've never had a President who didn't want to be Congress and we've never had a Congress who didn't want to be President. The framers had no illusions about the President… who would have an insatiable desire to expand [his] own power."

The Framers enshrined a delicate balance of powers in the Constitution. But the Bush administration has challenged that delicate balance and seized, consolidated and wielded executive power in ways unparalleled in modern American history. The administration has excessively used "state secrets" and executive privilege to shield its actions from public scrutiny; has allowed the torture of prisoners in violation of international law; has politicized the Department of Justice for partisan purposes; and has cited a radical theory about executive power in claiming that the President may "exceed" the law. The list goes on and includes misuse of signing statements, demanding immunity for telephone companies whose violations of the law remain largely secret, and more. The net result is not only a democracy in distress but the distinct possibility that these actions will set a precedent for future presidents and further abuses.

See more stories tagged with: chafee, bush administration, civil liberties, feingold, constitution day, u.s. constitution

Common Cause is a nonpartisan, nonprofit advocacy organization founded in 1970 by John Gardner as a vehicle for citizens to make their voices heard in the political process and to hold their elected leaders accountable to the public interest.

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