The Sunshine Empire

One of the most brilliant features of the United States Constitution is the three separated powers.  The concept has endured and made this country as stable as it has been politically for 232 years.  Yet at various times in our short history different powers have risen and fallen in terms of the power that they posses.  Many have written about the rise of the imperial Presidency, and it’s evisceration during the post-Watergate years.  Yet one thing that is constant is the view of both parties that nothing and everything is subject to executive privilege.  Democrats stood by President Clinton’s assertions of executive privilege in the face of accusations of blowjobbery, and now stand in opposition to President Bush’s same assertions.  In contrast expectedly Republicans claimed Clinton’s obstinacy was dictatorial, and returned to their roots in deciding Bush’s was perfectly reasonable.  Such is the case politically always dependent on who’s party is in the White House.

The news that a Bush appointed Federal Court Judge has stated that Harriet Myers and Joshua Bolton cannot ignore Congressional subpoena, and Karl Rove being held in contempt of Congress has brought an interesting argument from Administration allies.  They state that they have nothing to hide, but are fighting for the concept of separation of powers in the Constitution.  As I have stated before this harms other longstanding arguments that the administration holds dear.  They state that warrantless wiretapping and surveillance of U.S. citizens is nothing to worry about, provided you are not a terrorist.  Then testifying before Congress on the record under oath should be nothing to worry about, provided you have not broken the law.  In addition to that, in a strict interpretation of the separation of powers means that Congress has the power to declare wars.  This means that for all the talk among the bloodthirsty right wing commentariat that Bush will actually launch strikes on Iran before he leaves office is all for not.  He can’t do that without Congress.  In reality Congress should provide oversight of the Executive branch, until your party is actually in power in the White House, then it becomes a matter of privilege.