Friday, February 8, 2008

The Die Is Cast

I've been watching HBO's Rome again, so I am in the frame of mind to wonder if this is what it would have been like to be a citizen in Rome in 44 BC.

Not that I think that Bush is going to refuse to leave office or anything, but we are rapidly going down the road to a very imperial presidency. We currently have an administration that basically advances the argument that as long as the President believes (even if he is wrong or his belief is not credible) that in committing an action will aid "the war effort" or "keep Americans safe" that no law actually applies to him or anyone who carries out his orders. Further they argue that no one, in particular Congress, has the right to investigate these actions. They argue that the President can unilaterally issue exemptions to laws. Well, they don't argue this, the President just issues the exemption, then the administration says that the order cannot be questioned.

If the President has unlimited power in a time of war. Not constrained by the laws of the United States or international treaty and we are in a permanent state of war against "terror," then what is the difference between the US and Rome? Am I supposed to be mollified that power is incorporated into an office instead of a man? For how long?

And then what do we, as citizens of Rome do, exactly? Our President is a war criminal (I don't think there can be much debate about this point), but can't be prosecuted because he controls the largest army in the world. What do we do?

1 comment:

Anonymous said...

Well if you are John Yoo, you return to your very nice job at UC Berkeley Law school.

I have been discussing the "unified executive theory" with my classes, and get some very interesting defenses. Mostly just the typical Jack Bauer scenario crap.

Nothing left to do but smile, smile, smile....