Friday, August 03, 2007

The founders would have been astonished by President Bush’s assertion that Congress should simply write him blank checks for war

Just What the Founders Feared: An Imperial President Goes to War By Adam Cohen 07/23/07 "New York Times" -- --

The nation is heading toward a constitutional showdown over the Iraq war. Congress is moving closer to passing a bill to limit or end the war, but President Bush insists Congress doesn’t have the power to do it. “I don’t think Congress ought to be running the war,” he said at a recent press conference. “I think they ought to be funding the troops.” He added magnanimously: “I’m certainly interested in their opinion.”

The war is hardly the only area where the Bush administration is trying to expand its powers beyond all legal justification. But the danger of an imperial presidency is particularly great when a president takes the nation to war, something the founders understood well. In the looming showdown, the founders and the Constitution are firmly on Congress’s side.

Given how intent the president is on expanding his authority, it is startling to recall how the Constitution’s framers viewed presidential power. They were revolutionaries who detested kings, and their great concern when they established the United States was that they not accidentally create a kingdom. To guard against it, they sharply limited presidential authority, which Edmund Randolph, a Constitutional Convention delegate and the first attorney general, called “the foetus of monarchy.”

The founders were particularly wary of giving the president power over war. They were haunted by Europe’s history of conflicts started by self-aggrandizing kings. John Jay, the first chief justice of the United States, noted in Federalist No. 4 that “absolute monarchs will often make war when their nations are to get nothing by it, but for the purposes and objects merely personal.”
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The founders would have been astonished by President Bush’s assertion that Congress should simply write him blank checks for war. They gave Congress the power of the purse so it would have leverage to force the president to execute their laws properly. Madison described Congress’s control over spending as “the most complete and effectual weapon with which any constitution can arm the immediate representatives of the people, for obtaining a redress of every grievance, and for carrying into effect every just and salutary measure.”
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Members of Congress should not be intimidated into thinking that they are overstepping their constitutional bounds. If the founders were looking on now, it is not Harry Reid and Nancy Pelosi who would strike them as out of line, but George W. Bush, who would seem less like a president than a king

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