Of all the speakers at yesterday’s hearing on executive power and its Constitutional limitations, perhaps the most intriguing was Bob Barr. Barr, a former Republican congressman from Texas and the current Libertarian candidate for president, rose above the partisan emotions of the day and addressed the fact that the issues at hand go far beyond the misdeeds of the Bush administration.
It is axiomatic that no matter how much power government has, it always wants more. While the executive branch under George W. Bush has taken this truism to new heights, it is not unique in its quest for power. Unfortunately, the other branches of government have failed to do enough to maintain the constitutional balance.
So Bush is not the first executive to overreach his powers, and he won’t be the last. But the capacity for abuse seems to have been increasing since at least the time of FDR:
The 20th Century witnessed a steady if irregular expansion of presidential authority, which has carried over into this first decade of the 21st Century. The role of the president as the military’s commander in chief has taken on increasing importance as it has been used to justify the aggrandizement of the executive’s authority at the expense of that of both Congress and the judiciary. This expansion of presidential power has increasingly put the people’s liberties and privacy at risk.
After 9-11, the prevailing attitude around the country was that the president needed more authority to fight terrorism. Whether his actions were legal or Constituional was not as important, as long as he kept the nation safe. But Barr is making the point that it is especially during times of war and especially when our nation is facing the gravest danger that the people need to take special care to guard against the abuse presidential power. This final quote explains why:
The temptation to cut constitutional corners is not the province of any one party. Rather, it grows when one party controls both the executive and legislature. Then party comity sometimes overrides institutional differences, as it did most recently between 2001 and 2006.
So this Constituional crisis is not limited to the Republican party. It has a history that goes back well before George Bush, and the same temptations will face the next president - whoever it is. The next president will enter office with more power than any previous president has enjoyed. And since it is quite possible that we will have a Democratic president with a Democratic Congress, there will be a strong chance that executive power and the temptation to abuse it could increase even more.
Barr’s messgae, which was echoed by a number of the other speakers at the hearing, boils down to this. The impeachment needs to proceed - but not to punish Bush or achieve some sort of political vengeance. The message needs to be sent that the trend of increasing presidential power is coming to an end, that Congress will no longer acquiesce in its abuses, and that the nation is committed to returning to the Constituionally mandated balance of powers.