Wednesday, December 28, 2005

The Hidden State

Jonathon Schell asks a question that every American should be answering as this year comes to an end, in his article "The Hidden State Steps Forward."
Does the Commander in Chief possesses the "inherent" authority to suspend laws in wartime? And if the President can suspend FISA at his whim and in secret, then what law can he not suspend? What need is there, for example, to pass or not pass the Patriot Act if any or all of its provisions can be secretly exceeded by the President.
The evidence of the President having broken and disregarded the law is clear when they launched illegal wiretapping. The administration in fact did try to get legal wiretaps, however judges told them their applications were no good.

Since the appointment of Bush in 2000, this administration has been used to getting what they want and post 9/11 they have done so with avengence. However when an administration breaks the law by secret wiretapping, then it becomes necessary to expose and to stop it. But if they are exposed and then permitted to continue, then we no longer have a democracy.

  • The absence of judicial oversight represents an indefensible abrogation of the Separation of Powers doctrine and the system of checks and balances that has protected American rights since the birth of the federal government
  • Seeking Congressional approval was also viewed as politically risky because the proposal would be certain to face intense opposition on civil liberties grounds. The administration also feared that by publicly disclosing the existence of the operation, its usefulness in tracking terrorists would end, officials said.
  • The 4th amendment prohibits warrantless searches on PRIVATE AMERICAN CIVILIANS.
It now becomes so important for the American people and Congress to challenge this new type of government that Bush and his administration has created. A government which states that it is above the law.

Members of Congress have no choice but to accept the challenge. They did so once before, when Richard Nixon, who said, "When the President does it, that means it's not illegal," posed a similar threat to the Constitution. The only possible answer is to inform Bush forthwith that if he continues in his defiance, he will be impeached.
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Well, Bush can be brought down.

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