I Cogitate

Beyond The Imperial Presidency
Steve Chapman - The Chicago Tribune
Published December 25, 2005

President Bush is a bundle of paradoxes. He thinks the scope of the federal government should be limited but the powers of the president should not. He wants judges to interpret the Constitution as the framers did, but doesn't think he should be constrained by their intentions.

He attacked Al Gore for trusting government instead of the people, but he insists anyone who wants to defeat terrorism must put absolute faith in the man at the helm of government.

His conservative allies say Bush is acting to uphold the essential prerogatives of his office. Vice President Cheney says the administration's secret eavesdropping program is justified because "I believe in a strong, robust executive authority, and I think that the world we live in demands it."

But the theory boils down to a consistent and self-serving formula: What's good for George W. Bush is good for America, and anything that weakens his power weakens the nation. To call this an imperial presidency is unfair to emperors.

Even people who should be on Bush's side are getting queasy. David Keene, chairman of the American Conservative Union, says in his efforts to enlarge executive authority, Bush "has gone too far."

He's not the only one who feels that way. Consider the case of Jose Padilla, a U.S. citizen arrested in 2002 on suspicion of plotting to set off a "dirty bomb." For three years, the administration said he posed such a grave threat that it had the right to detain him without trial as an enemy combatant. In September, the U.S. Court of Appeals for the 4th Circuit agreed.

But then, rather than risk a review of its policy by the Supreme Court, the administration abandoned its hard-won victory and indicted Padilla on comparatively minor criminal charges. When it asked the 4th Circuit Court for permission to transfer him from military custody to jail, though, the once-cooperative court flatly refused.

In a decision last week, the judges expressed amazement that the administration suddenly would decide Padilla could be treated like a common purse snatcher--a reversal that, they said, comes "at substantial cost to the government's credibility." The court's meaning was plain: Either you were lying to us then, or you are lying to us now.

If that's not enough to embarrass the president, the opinion was written by conservative darling J. Michael Luttig--who just a couple of months ago was on Bush's short list for the Supreme Court. For Luttig to question Bush's use of executive power is like Bill O'Reilly announcing that there's too much Christ in Christmas.

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