Bush's Imperial Presidency

By Jim Hightower, Hightower Lowdown. Posted April 26, 2006.

A fellow from a town just outside of Austin wrote a four-sentence letter to the editor of our local daily that astonished me: "I want the government to please, please listen in on my phone calls. I have nothing to hide. It is also welcome to check my emails and give me a national identification card, which I will be proud to show when asked by people in authority. What's with all you people who need so much privacy?"

Well, gee where to start? How about with the founders? Many of the colonists who rose in support of the rebellion of '76 did so because their government kept snooping on them and invading their privacy. Especially offensive was the widespread use of "writs of assistance," which were sweeping warrants authorizing government agents to enter and search people's homes and businesses -- including those of people who had nothing to hide. The founders had a strong sense of the old English maxim "A man's house is his castle." They hated the government's "knock at the door," the forced intrusion into their private spheres, the arrogant abrogation of their personal liberty. So they fought a war to stop it. Once free of that government, they created a new one based on laws to protect liberty -- and this time they were determined to put a short, tight leash on government's inherently abusive search powers.

Hence, the Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Periodically in American history, presidents have tried to annul our basic right to be left alone. John Adams imposed the infamous Alien and Sedition Acts. Lincoln suspended habeas corpus during the Civil War. Woodrow Wilson conducted the Palmer Raids. FDR interred Japanese-Americans and others. And LBJ and Nixon used the COINTEL program to spy on war protestors and civil rights activists, including Martin Luther King Jr.

In each case, however, the abuses were temporary. Americans rebelled and gradually brought the government back in line with our country's belief that privacy, a basic human right, is a cornerstone of democracy.

Bush's push

Now comes the Bush-Cheney regime, pushing the most massive and rapid expansion of presidential might America has ever known. "I believe in a strong, robust executive authority," growled Dick "Buckshot" Cheney, architect of the power grab. He added, "The president of the United States needs to have his constitutional powers unimpaired, if you will." I wouldn't, but they're nonetheless asserting an imperious view of unlimited executive power that is foreign to our Constitution, demolishes the founders' ingenious system of checks and balances (key to the functioning of our democratic republic), and transforms America's government into a de facto presidential autocracy.

Their push includes a White House program of domestic spying so sweeping that it would make Nixon blush; an audacious claim of a unilateral executive right to suspend treaties and ignore U.S. laws; an insistence that a president can seize U.S. citizens with no due process of law and imprison them in CIA "black sites" or send them to foreign regimes to be tortured; a series of new plans for military spying on the American people; the repression of both internal dissenters and outside protestors; an all-out assault on the public's right to know; and well, way too much more.

The rise of a supreme executive is such a fundamental threat to our constitutional form of government -- and to who we are as a people -- that the Lowdown will devote both this issue and next month's to it. The media barons have covered this rise only sporadically and disjointedly, but it's important for We The People to see the frightening whole of it and launch the rebellion of '06.

NATIONAL SECURITY AGENCY. Richard Nixon is the godfather of the Bush-Cheney philosophy of executive supremacy. "Well, when the president does it, that means it is not illegal," Tricky Dick explained to us some 30 years ago. This plenipotentiary view of the American presidency (which would send shivers through the founders) is behind the unilateral, secret and illegal directive issued by Bush in 2001, ordering the NSA to spy on ordinary Americans. It's now conceded that untold thousands of citizens who have no connection at all to terrorism have had their phone conversations and emails swept up and monitored during the past four years by NSA agents.

Jim Hightower is the author of "Let's Stop Beating Around the Bush" (Viking Press). He publishes the monthly Hightower Lowdown; for more information about Jim, visit jimhightower.com.

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