Doug wrote:

>What is it that I've filtered out, Dan? You wrote a huge post that would
>take me an hour or more to research and reply to, but you haven't
>mentioned _one thing_ that would lead anyone to believe that it is
>uncharacteristic of the president to utter the words "its just a goddanmed
>piece of paper".

First of all, you already stated what you are filtering straightforwardly:
data that are inconsistent with “what you know to be true.”  I was pointing
out the difficulty with that.

Second, I thought the pattern of my comments indicated at least some of the
reasons why I don’t agree with your conclusions. I considered the context
of the actions of past presidents. The reason for this seemed so obvious,
that I didn’t feel the need to state it explicitly: Bush’s response to 9-11
should be compared to the response of other presidents to other threats
when one wishes to determine if they indicate that Bush has absolutely no
respect for the Constitution.

If you look at the responses of the various presidents I’ve listed, I think
that Bush’s response to the internal threat would be seen as moderate in
comparison to the other examples.  9-11 was the most significant internal
attack since the Civil War.  It was the first serious attack on one of the
states (Hawaii was a territory at the time) since the War of 1812.  It was
also, AFAIK, the single most serious attack by irregular forces posing as
civilians.

I’d place Bush’s limitations on internal liberties as definitely less than
the response of FDR to the Japanese attack.  Depending on what we don’t
know yet, I’d place it as either as less of an attack on civil liberties
than the internal actions of the FBI and the CIA during the Cold War/Nam to
being a comparable attack. It also would be a smaller attack on these
liberties than the actions of Wilson and the Congress during WWI.

The second way to look at it would be in context of the reaction of the
other branches of government. In particular, the Supreme Court showed it’s
willingness to act quickly to rebuke the executive branch when it is the
understanding of the court that the President  is way out of line in
asserting his authority.  The example of the 9-0 decision against Mr.
Secret Tapes is the clearest one I can think of that illustrates this.  The
present Supreme Court is walking very gingerly around the actions of the
Bush Administration.  From what I’ve read, this is due to the Supreme Court
wishing to be very careful about weighing in on a conflict of
Constitutional principals.

The Congress has been very deferential to the Commander-in-Chief during the
last few years.  That deference is fading now, and we see Congress
reasserting its traditional responsibility.  I see this whole process as
well within the historical norms of the United States.

Now, this doesn’t mean I agree with Bush’s views or actions.  I’m not
arguing that he is right.  I’m merely arguing that his actions are not only
within historical norms, but that the justices of the Supreme Court are
acting as if they do not consider them totally out of line.

Indeed, even if/when they rule against Bush on some of his interpretations
of executive authority under the Constitution, the whole process is
inherently constitutional.  Checks and balances doesn’t mean that one
branch acts with constraint…but that the other branches of government will
check their actions when they overstep their bounds.  So, a President that
oversteps his bounds is not an anomaly, which should be grounds for
impeachment.  Rather, it is normal for presidents to have a very expansive
view of executive power that is reigned in by congress and the courts.

Bush portrays himself as the Commander-In-Chief in wartime. Everything that
I’ve seen is consistent with that actually being his view.  That is a
constitutional responsibility of Bush.  He repeatedly alludes to this while
defending his actions.  I realize that you don’t think that his actions are
consistent with the Constitution, but I’ve seen no evidence that the Bush
administration doesn’t believe that its actions are consistent with the
constitution.  That is what I think is needed to establish a comment that
“the Constitution is just a goddamn piece of paper” as representing Bush’s
views of the constitution.

Dan M.

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