Friday, March 20, 2009
George W. Bush is hitting the lecture circuit. Represented by the Washington Speakers Bureau, Mr. Bush for a fee of at least $150,000 flew up to Calgary, Canada and spoke to a conservative business audience amidst street protests. He also has signed a book contract with Crown Publishers tentatively titled “Decision Points” about a dozen personal and presidential decisions ranging from giving up booze to choosing Dick Cheney to invading Iraq. Now that he is becoming a lecturer and an author, why not also be a teacher? The 43rd president has much to teach Americans about how weak their democracy is—rights, institutions, processes and the sovereignty of the people. His first lecture to students could be how he and Cheney violated, circumvented and trampled our Constitution. It was as if they replaced the opening preamble of “we, the people” with “we, George W. Bush and Dick Cheney.” Early in his Administration, Mr. Bush showed a determination to pick up on King George III and root himself in something called “the inherent powers of the Presidency,” often called the “unitary Presidency.” With that, King George IV was establishing his unilateral kingdom, though instead of invoking his divine right, his mantra was the “war on Terror.” He became the most recidivist criminal president, the most variously impeachable president on a regular day-to-day basis in American history. Violating repeatedly our Constitution, laws and treaties, Mr. Bush warred, terrorized, tortured, imprisoned without charges, illegally snooped on masses of Americans and set a record for signing statements saying he “the decider” would determine which laws he signed he would obey and when. And that’s just what is public knowledge so far from a very secretive regime. The ways this outlaw President devastated the rule of law has been well documented in many firsthand accounts of former members of his government in the military, intelligence, and diplomatic service. The lies and deceptions that took our country to war, with immense loss of life and limb, and turned the rights and lives of millions of families upside down have been the material of many books, public hearings and admissions. Even the conservative American Bar Association condemned the Bush White House three times for unconstitutional practices. Mr. Bush taught us how cowardly the Congress could be in not defending its constitutional authorities and the crucial checks and balances to hold the White House accountable. He taught us the degree of abdication by the major opposition Democratic Party which allowed him and his ilk to do what they did and to leave office on January 20, 2009 without being subjected to impeachment and trial, without even being subjected to a Congressional censure resolution. He taught us that the courts, with few exceptions, cannot be counted on to defend the constitution from the marauding President—avoiding doing so by excuses that these seizures of power are “political questions.” Sure, Bush going to war without a declaration of war is too political? Tell that to Jefferson, Madison and other founding fathers who made a big matter out of taking away the war-making authority from any future would-be monarch and decisively repositing it with the Congress. He taught us how easily you could fool, manipulate, delay or intimidate the mainstream media into becoming a cheerleader for war and a collaborator in covering up what a few intrepid reporters uncovered. He showed that truth is indeed the first casualty of war and that lies have no consequences for him other than a 70% disapproval rating. He did tell the truth, however, when he announced to a big business audience in Texas early in his first term that they were “his base.” Acting like a corporation masquerading as a human in the White House, Mr. Bush pursued policies unleashing the greed and control of Wall Street that tanked the economy and destroyed trillions of dollars of the people’s money in an orgy of reckless speculation. As Jamal Simmons wrote recently, “Unlike the story of King Midas, everything Bush touched turned to coal.” Mr. Bush threw the gauntlet down to 800,000 American lawyers and unlike the marching Pakistani lawyers, only a handful such as Michael Greco, Ramsay Clark, David Cole and Jonathan Turley took up his challenge. The vast majority of lawyers went about their own business, shrugging off what it means to be “officers of the court.” Bush, former American Caesar tore the pretense off our democratic pretensions. By not holding him and his top collaborators responsible for violating the constitutional, criminal and civil laws of the land, those persons, entrusted with their observance, took a holiday. These outrageous practices—still unchecked—are becoming institutionalized as illustrated in the several (but not all) ways that President Obama is continuing Bush’s legacy of license. Democracies when they are eroded must show resiliency to recover and strengthen what was lost by way of freedom and justice. Otherwise the erosions fester and deepen. Who, you might ask, must be the tribunes of such resiliency? You will not find them now in officialdom. The wise early twentieth century judge, Learned Hand, gave us the compass. He wrote these words: “Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it.” End.
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