George Bush has acknowledged spying on US citizens but wants us to think it's OK because it's part of the War on Terror. That's not the point, as even members of his own party in the Senate are pointing out. It's the constitution, stupid.
There's a principle in the constitution that certain things cannot be done by the executive branch without the approval of at least some element of the judicial. Bush wants us to believe that because his tactics may have contributed to frustrating terrorist plans, he's on safe ground. However, there are virtually no restrictions on what he can do if he can convince a judge. I'm going to assume that the secret court established for just this purpose is not stacked with pro-ACLU types.
So if he isn't willing to run his decisions past even such a captive court, it raises serious questions about their merits. But more importantly, it's a precedent that cannot be allowed to stand. If Bush can do it, then a later President can do it, and not refer it to anyone except people in his own administration, appointed by him.
There are short-term dangers, like some fanatic islamist blowing up something or someone near and dear. There are long-term dangers, like subverting the institutions that have protected against governmental excess for over 200 years. Frankly, I'm more concerned about the long term.
Saturday, December 17, 2005
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