The links below lead to a brief, but good, analyses if the theory of the “unitary executive” which Bush and his courtiers are promoting. You know, the theory that the President can ignore the Constitution, treaties, and laws passed by Congress so long he or she determines it’s in the interest of national security. And now that we entered the era of perpetual war, national security is preeminent.
Supreme Court Justice to be Alito is a proponent of the theory, which emerged from the Federalist Society. Alito and a majority of the Supreme Court, I am guessing, will continually erode the principle established in 1803 Supreme Court decision, Marbury v. Madison, that is that the Supreme Court is the final authority as to the interpretation and Constitutionality of legislation enacted by Congress.
If the President has the authority to ignore the Constitution, treaties and congressional legislation, doesn’t he or she also have the authority, in the interest of national security, to order genocide, suspend a presidential election, declare that she or he may serve more than two terms, or refuse to leave office if impeached and convicted? Why not? Bush has already effectively suspended habeas corpus, which Jefferson, in his first inaugural address counted amongst “these principles from the bright constellation which has gone before us, and guided our steps through an age of revolution and reformation.”
Clinton also pushed the theory. This trend, I think, should worry us all. Fascism is on the march.