[Bush] royalist attitude: has treated federal law as a menu from which he picks and chooses those laws he likes... denying Congress access to courts

Bush asserts a king's prerogative | With showdown over Iraq looming, president courts constitutional crisis | Published on: 07/25/07

In theory, President Bush is sworn to faithfully execute the laws of the United States. In reality, he has treated federal law as a menu from which he picks and chooses those laws he likes, while ignoring those that do not suit his taste.

That royalist attitude may soon inspire a constitutional confrontation unrivaled in U.S. history.

At the moment, the president's penchant for ignoring laws he finds inconvenient is best displayed in the standoff with Congress over subpoenas. Congress has demanded the sworn testimony of White House officials as part of an investigation into the Justice Department; the White House is refusing to allow that testimony, citing executive privilege.

In itself, that conflict is hardly unusual; it continues a traditional contest of wills between presidents and Congress that goes back to the earliest days of the Republic. The conflict is so standard that federal law lays out a clear process for resolving it. If witnesses refuse to honor congressional subpoenas and are found in contempt, the matter is referred to the U.S. attorney from Washington, D.C., "whose duty it shall be to bring the matter before the grand jury for its action."

The wording of that law doesn't give the U.S. attorney any leeway. It doesn't say that he or she "can" or "may" bring it before the grand jury. It says he or she "shall" bring the matter to the grand jury, so the courts can resolve the conflict between the other two branches of government.

Bush, however, claims the right to ignore that law. He not only refuses to allow his aides to testify, he refuses to allow the U.S. attorney to refer the matter to the grand jury, as the law says he must. In essence, Bush is denying Congress access to the courts as an impartial arbiter of their dispute. ...