| One of these common “roots” is the assumption that the executive branch gets to be the final arbiter of the limits of its own power. |
Our constitution was designed in large part as an explicit rejection of that very idea. And yet somehow, under Bush, it is argued that the constitution embraces precisely that idea. It is bizarre.
I know I said no more posts tonight, but you really do have to read this one. I swear to you, its for your own good. Go. Now. Please.
OK, fine. Just in case, more:
| Of course, history has shown all too clearly that executives are often wrong. In fact, when you really get down to it, the evolution of Western law has been an ongoing response to executive wrongness. The Magna Carta was about constraining the executive and subjecting its actions to the public will. The United States was created in part because of perceived abuses of the executive. Finally, even though our Constitution created a stronger executive (compared to the Articles), it still takes an obsessive number of steps to limit the power of the executive – even in wartime.
That’s what’s so amazing about the blind, unwavering loyalty to Bush that so many conservative pundits and constituencies have shown. Regular readers have heard me harp on this before, but it’s worth repeating. Conservatism – along with our Constitution – is based on a Burkean/Madisonian pessimistic view of man. Because man cannot be trusted to be virtuous, we require laws. Because power tends to grow corrupt, we split that power among branches of government and among states and the federal government. If there’s one animating principle in the structure of our Constitution, it’s that virtue isn’t enough. For government to work, you need checks and balances. You need oversight. You need squabbling factions and shifting coalitions. Above all, though, you need distrust of your fellow man. The crazy thing about both the Bush administration and its unwavering supporters is that they are relying on the old-school Leftist assumption that man can be trusted to be good. According to people like Justice Thomas and John Yoo, the executive’s wartime power is unlimited and unreviewable. That’s not a conservative view, it’s a Leninist one. It requires us to blindly trust that the executive will do the right thing in the name of the proletariat security. Whether it’s the military commissions or wiretapping or torture, it’s all the same. Under the Yoo worldview, we have no assurance that these powers won’t be abused. We must trust and obey. |
He couldn't be more right even if he was the original Publius. When conservatives are unknowingly following communist ideologies, up really is down.
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