#44

I first cringed at the misuse in 1973, during the “Saturday Night Massacre” (as it was called). President Richard Nixon, angered at the Watergate inquiry being conducted by the special prosecutor Archibald Cox, dispatched his chief of staff, Al Haig, to arrange for Mr. Cox’s firing. Mr. Haig told the attorney general, Elliot Richardson, to dismiss Mr. Cox. Mr. Richardson refused, and resigned. Then Mr. Haig told the second in line at the Justice Department, William Ruckelshaus, to fire Cox. Mr. Ruckelshaus refused, and accepted his dismissal. The third in line, Robert Bork, finally did the deed.

What struck me was what Mr. Haig told Mr. Ruckelshaus, “You know what it means when an order comes down from the commander in chief and a member of his team cannot execute it.” This was as great a constitutional faux pas as Mr. Haig’s later claim, when President Reagan was wounded, that “Constitutionally ... I’m in control.”

President Nixon was not Mr. Ruckelshaus’s commander in chief. The president is not the commander in chief of civilians. He is not even commander in chief of National Guard troops unless and until they are federalized. The Constitution is clear on this: “The president shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States.”

Worse still, to equate "the President" with "our commander in chief" is to depict the U.S. as a state of endless war and pervasive militarism. Even in the limited sense that the Constitution uses the term ("Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States"), the President doesn't always wield that power, but only when those branches are "called into the actual Service of the United States."

Cato senior fellow in Constitutional studies Robert A. Levy says, "President Bush's executive order sanctions warrant-less wiretaps by the National Security Agency of communications from the United States to foreign countries by U.S. persons. Reportedly, the executive order is based on classified legal opinions stating that the president's authority derives from his Commander-in-Chief power and the post-911 congressional authorization for the use of military force against Al Qaeda. That pernicious rationale, carried to its logical extreme, renders the PATRIOT Act unnecessary and trumps any dispute over its reauthorization. Indeed, such a policy makes a mockery of the principle of separation of powers.

I'm not here to say that the government is always right, but when the government tells you to do something, I'm sure you would all agree that I think you all recognize that is something you need to do.

Cato senior fellow in Constitutional studies Robert A. Levy says, "President Bush's executive order sanctions warrant-less wiretaps by the National Security Agency of communications from the United States to foreign countries by U.S. persons. Reportedly, the executive order is based on classified legal opinions stating that the president's authority derives from his Commander-in-Chief power and the post-911 congressional authorization for the use of military force against Al Qaeda. That pernicious rationale, carried to its logical extreme, renders the PATRIOT Act unnecessary and trumps any dispute over its reauthorization. Indeed, such a policy makes a mockery of the principle of separation of powers.

The administration, on several occasions, has promoted a legal theory known as the unitary executive theory, to argue that in his duty as Commander-in-Chief the President, with his inherent powers, cannot be bound by any law or Congress.

....since the primary task of the President, during a time of war, is protecting US citizens, anything hindering him in that capacity can be considered unconstitutional

The same rationale was used to deny detainees in the War on Terror protection by the Geneva Conventions resulting in a global controversy surrounding apparent mistreatment. Also it is thought that the Detainee Treatment Act of 2005, which was adopted to address prisoner abuse, might be ignored after President Bush added a signing statement, invoking his rights as Commander-in-Chief, to that bill

It is time for Democrats who distrust President Bush to acknowledge that he will be Commander-in-Chief for three more critical years, and that in matters of war we undermine Presidential credibility at our nation’s peril.

"It's frightening to stand up there . . .You are standing up on prime time live television, asking the president of the United States a question when the country is about to go to war." ... White House reporters weren't questioning a political official who is to be held accountable. They were gently -- "deferentially" -- posing questions to The Commander-in-Chief.

...during the “Saturday Night Massacre” (as it was called). President Richard Nixon, angered at the Watergate inquiry being conducted by the special prosecutor Archibald Cox, dispatched his chief of staff, Al Haig, to arrange for Mr. Cox’s firing. Mr. Haig told the attorney general, Elliot Richardson, to dismiss Mr. Cox. Mr. Richardson refused, and resigned. Then Mr. Haig told the second in line at the Justice Department, William Ruckelshaus, to fire Cox. Mr. Ruckelshaus refused, and accepted his dismissal. The third in line, Robert Bork, finally did the deed.

What struck me was what Mr. Haig told Mr. Ruckelshaus, “You know what it means when an order comes down from the commander in chief and a member of his team cannot execute it.” This was as great a constitutional faux pas as Mr. Haig’s later claim, when President Reagan was wounded, that “Constitutionally ... I’m in control.”

A judge has ordered the Justice Department to produce White House memos that provide the legal basis for the Bush administration's post-Sept. 11 warrantless wiretapping program......Shortly after the Sept. 11 attacks, Bush authorized the National Security Agency to spy on calls between people in the U.S. and suspected terrorists abroad without obtaining court warrants. The administration said it needed to act more quickly than the court could and that the president had inherent authority under the Constitution to order warrantless domestic spying.