Cato: Bush in Ceaseless Power Grab

Cato, an ally of the President on the attempt to reform Social Security and on other issues, is not happy with the president:

Bush in ‘ceaseless push for power’, by Caroline Daniel, Financial Times: President George W. Bush had shown disdain and indifference for the US constitution by adopting an “astonishingly broad” view of presidential powers, a leading libertarian think-tank said on Monday.

The critique from the Cato Institute reflects growing criticism by conservatives about administration policy in areas such as the “war on terror” and undermining congressional power.

“The pattern that emerges is one of a ceaseless push for power, unchecked by either the courts or Congress, one in short of disdain for constitutional limits,” the report by legal scholars Gene Healy and Timothy Lynch concludes.

That view was echoed last week by former congressman Bob Barr, a Republican, who called on Congress to exercise “leadership by putting the constitution above party politics and insisting on the facts” in the debate over illegal domestic wiretapping of terrorist suspects.

On Thursday Senator Arlen Specter, chairman of the judiciary committee, noted: “Institutionally, the presidency is walking all over Congress.” ...

The more serious charges concern Mr Bush’s actions in the “war on terror”. Citing a 1977 interview with President Richard Nixon, who said, “Well, when the president does it, that means it is not illegal”, the report argues that the administration’s public and private arguments for untrammelled executive power “comes perilously close to that view”.

The authors cite spying by the National Security Agency and the “torture memos”, produced by the Department of Justice to defend the authority of the president over interrogation techniques. “The constitution’s text will not support anything like the doctrine of presidential absolutism the administration flirts with in the torture memos.”

Here's summary of and a link to Cato's report:

Executive Summary

In recent judicial confirmation battles, President Bush has repeatedly—and correctly—stressed fidelity to the Constitution as the key qualification for service as a judge. It is also the key qualification for service as the nation's chief executive. ... With five years of the Bush administration behind us, we have more than enough evidence to make an assessment about the president's commitment to our fundamental legal charter

Unfortunately, far from defending the Constitution, President Bush has repeatedly sought to strip out the limits the document places on federal power. In its official legal briefs and public actions, the Bush administration has advanced a view of federal power that is astonishingly broad, a view that includes

• a federal government empowered to regulate core political speech—and restrict it greatly when it counts the most: in the days before a federal election;
• a president who cannot be restrained, through validly enacted statutes, from pursuing any tactic he believes to be effective in the war on terror;
• a president who has the inherent constitutional authority to designate American citizens suspected of terrorist activity as "enemy combatants," strip them of any constitutional protection, and lock them up without charges for the duration of the war on terror— in other words, perhaps forever; and 
• a federal government with the power to supervise virtually every aspect of American life, from kindergarten, to marriage, to the grave.

President Bush's constitutional vision is, in short, sharply at odds with the text, history, and structure of our Constitution, which authorizes a government of limited powers. Full Text (PDF, 318 KB)