'Cheney's Law' gives absolute power
December 30, 2005
BY ANDREW GREELEY
http://www.suntimes.com/output/greeley/cst-edt-greel30.htmlThe controversy about spying on the American people fails to understand the implications of "Cheney's Law" -- the president of the United States has unlimited power in his role of commander in chief to do whatever he deems necessary in a time of war. He can intern prisoners without trial, approve the kidnapping of suspected enemies, send these suspects to prisons in foreign countries where they will be tortured, deny the right of habeas corpus, even nullify laws Congress has passed. He needs no permission from Congress or the courts to engage in any of these activities. The president, in other words, is the maximum leader at any time that he decides it is appropriate for him to exercise ultimate power in the United States.
There is political wisdom in Cheney's law. While law professors, liberals, some journalists and some clergy are deeply concerned about the Bill of Rights, it means very little to the average person whose civil liberties have never been endangered. Moreover, when someone questions the absolute power of the commander in chief, President Bush can always play the "fear card." The successors of the 9/11 terrorists are still all around us. The absolute power of the presidency is essential to fight them off. Whether the "fear card" still has political clout remains to be seen. However, it has worked every time the president has played it. What better way to boost your approval ratings than by running against the American Civil Liberties Union and the Bill of Rights?
It would be very helpful to know how many conspiracies have been nipped in the bud by the measures justified under Cheney's law (and its spawn, the Patriot Act). The only answer seems to be Cheney's remark that it's not an accident that there have been no attacks since Sept. 11. National security, we are told, does not permit such chapter and verse.
The only way to defeat Cheney's law is to elect a Democratic Congress and threaten impeachment for high crimes. Would the Democrats run on a platform of supporting the Bill of Rights? Are they capable of being so "unpatriotic''?