The Future of Executive Overreach

By Patricia Lee Sharpe

The creation of an imperial presidency has been a continuing project during the Bush administration. This extraordinary centralization of power was initially justified by the needs of 21st century anti-terrorist warfare. More recently, as a response to the potentially world-shaking economic and financial collapse of the U.S., the Administration proposed that the American people, through Congress, grant unquestioned, unaccountable power to the Executive in the person of the Secretary of the Treasury, who would disburse some $700 billion at his sole discretion.

So Congress, which had already relinquished, through the Patriot Act, major procedural protections and first amendment rights, was asked to give up its own absolutely bedrock power of the purse, without which the legislative branch of the U.S. government really would be all words, no action. It would be totally crippled.

Gradually some of our basic civil rights are being won back through the Courts and through new or revised legislation, and the rescue/bailout bill that was passed today provided at least a figleaf of oversight for the process of getting the financial system going again. But the restitution of the balance of powers within the federal government and of Constitutional protections against the abuse of Executive power will not be complete before the current administration leaves office.

In this attempt to concentrate unprecedented power in the hands of the Executive, Vice President Dick Cheney and his inner circle have been critical players, if not prime movers. Part of the strategy for creating an expansive executive has been to argue that the Vice President’s role in the Senate goes far beyond the convenient mechanism of having someone available to break a tie vote. In fact, by aggrandizing the Vice President’s legislative role, Dick Cheney has actually tried to have it both ways. He projects executive power into the legislature, even as he attempts to protect his vice presidential papers from being open for scrutiny as executive papers usually are, by calling them legislative records. He probably won’t get away with this sleight of hand, but the mischief of creating a precedent backed by an argument has been done.

Thus, it was entirely appropriate that Gwen Ifill asked Vice Presidential candidates Joe Biden and Sarah Palin how each viewed the office of the Vice President, which one of them will occupy come January 2009.

Below are the relevant passages. Note that each candidate said that he/she had discussed this matter with his/her principal. Conclusion: if you are concerned about the over-inflation of Vice Presidential duties and the trend toward an imperial presidency, you will know how to vote in November. You will vote for the Democrats.

IFILL: Governor, you said in July that someone would have to explain to you exactly what it is the vice president does every day. You, senator, said, you would not be vice president under any circumstances. Now maybe this was just what was going on at the time. But tell us now, looking forward, what it is you think the vice presidency is worth now.

PALIN: In my comment there, it was a lame attempt at a joke and yours was a lame attempt at a joke, too, I guess, because nobody got it. Of course we know what a vice president does.

BIDEN: They didn't get yours or mine? Which one didn't they get?

PALIN: No, no. Of course, we know what a vice president does. And that's not only to preside over the Senate and will take that position very seriously also. I'm thankful the Constitution would allow a bit more authority given to the vice president if that vice president so chose to exert it in working with the Senate and making sure that we are supportive of the president's policies and making sure too that our president understands what our strengths are. John McCain and I have had good conversations about where I would lead with his agenda. That is energy independence in America and reform of government over all, and then working with families of children with special needs. That's near and dear to my heart also. In those arenas, John McCain has already tapped me and said, that's where I want you, I want you to lead. I said, I can't wait to get and there go to work with you.

IFILL: Senator?

BIDEN: Gwen, I hope we'll get back to education because I don't know any government program that John is supporting, not early education, more money for it. The reason No Child Left Behind was left behind, the money was left behind, we didn't fund it. We can get back to that I assume.

With regard to the role of vice president, I had a long talk, as I'm sure the governor did with her principal, in my case with Barack. Let me tell you what Barack asked me to do. I have a history of getting things done in the United States Senate. John McCain would acknowledge that. My record shows that on controversial issues. I would be the point person for the legislative initiatives in the United States Congress for our administration. I would also, when asked if I wanted a portfolio, my response was, no. But Barack Obama indicated to me he wanted me with him to help him govern. So every major decision he'll be making, I'll be sitting in the room to give my best advice. He's president, not me, I'll give my best advice.

And one of the things he said early on when he was choosing, he said he picked someone who had an independent judgment and wouldn't be afraid to tell him if he disagreed. That is sort of my reputation, as you know. I look forward to working with Barack and playing a very constructive role in his presidency, bringing about the kind of change this country needs.

IFILL: Governor, you mentioned a moment ago the constitution might give the vice president more power than it has in the past. Do you believe as Vice President Cheney does, that the Executive Branch does not hold complete sway over the office of the vice presidency, that it it is also a member of the Legislative Branch?

PALIN: Well, our founding fathers were very wise there in allowing through the Constitution much flexibility there in the office of the vice president. And we will do what is best for the American people in tapping into that position and ushering in an agenda that is supportive and cooperative with the president's agenda in that position. Yeah, so I do agree with him that we have a lot of flexibility in there, and we'll do what we have to do to administer very appropriately the plans that are needed for this nation. And it is my executive experience that is partly to be attributed to my pick as V.P. with McCain, not only as a governor, but earlier on as a mayor, as an oil and gas regulator, as a business owner. It is those years of experience on an executive level that will be put to good use in the White House also.

IFILL: Vice President Cheney's interpretation of the vice presidency?

BIDEN: Vice President Cheney has been the most dangerous vice president we've had probably in American history. The idea he doesn't realize that Article I of the Constitution defines the role of the vice president of the United States, that's the Executive Branch. He works in the Executive Branch. He should understand that. Everyone should understand that.

And the primary role of the vice president of the United States of America is to support the president of the United States of America, give that president his or her best judgment when sought, and as vice president, to preside over the Senate, only in a time when in fact there's a tie vote. The Constitution is explicit.

The only authority the vice president has from the legislative standpoint is the vote, only when there is a tie vote. He has no authority relative to the Congress. The idea he's part of the Legislative Branch is a bizarre notion invented by Cheney to aggrandize the power of a unitary executive and look where it has gotten us. It has been very dangerous.

Now let’s not be naive. Presidents like power, and even if the Democrats seem less inclined to maximize the potential of the nascent imperial presidency, even under a Democratic president the complete rollback will occur only if we resolutely, stubbornly push our representatives in Congress to reclaim our Constitutional protections and resist the temptation to centralize power, especially when appeals to fear are made. Usually, when we’re told the situation is perilous and we're asked to act quickly, it’s time to slow down.

Comments

[Courtenay Barnett]

A bit late in the day after all the damage already has been done in foreign policy ( recall: PNAC). Cheney has been the evil corporate rogue behind the scenes for a long time urging Bush on into vice, while as Vice-President one really has to question - who really in charge here? Cheney clearly has manipulated Bush psychologically to feel himself "the decider" while simultaneously debasing the priciples of separation of powers under the Constitution. You can do that sort of thing when you are the power - "Dick buckshot Cheney"!

[Courtenay Barnett]

William Cox in an article entitled " Betrayed by the bailout: the death of demoracy" puts things this way:-

"Individuals working for Wall Street finance, insurance and real estate companies and the companies’ political action committees have contributed more than $47 million to the campaigns of Senator Obama (three of top five sources) and Senator McCain (top five sources), both of whom voted for the bailout.

More to the point, Wall Street has contributed more than $1.1 billion dollars to congressional candidates since 2002. Nine of the top ten House recipients of Wall Street largesse, who each received an average of $1.5 million, are on the financial oversight and taxation committees."

Soon the people will understand the real meaning of the "Bailout" and the degree to which they have been betrayed - then they will be really smart, but deeply hurt, a wee bit too late!