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George W. Bush's presidency appears headed for colossal historical disgrace.
Barring a cataclysmic event on the order of the terrorist attacks of
September 11th, after which the public might rally around the White House
once again, there seems to be little the administration can do to avoid
being ranked on the lowest tier of U.S. presidents. And that may be the
best-case scenario. Many historians are now wondering whether Bush, in fact,
will be remembered as the very worst president in all of American history.
From time to time, after hours, I kick back with my colleagues at Princeton
to argue idly about which president really was the worst of them all. For
years, these perennial debates have largely focused on the same handful of
chief executives whom national polls of historians, from across the
ideological and political spectrum, routinely cite as the bottom of the
presidential barrel. Was the lousiest James Buchanan, who, confronted with
Southern secession in 1860, dithered to a degree that, as his most recent
biographer has said, probably amounted to disloyalty -- and who handed to
his successor, Abraham Lincoln, a nation already torn asunder? Was it
Lincoln's successor, Andrew Johnson, who actively sided with former
Confederates and undermined Reconstruction? What about the amiably
incompetent Warren G. Harding, whose administration was fabulously corrupt?
Or, though he has his defenders, Herbert Hoover, who tried some reforms but
remained imprisoned in his own outmoded individualist ethic and collapsed
under the weight of the stock-market crash of 1929 and the Depression's
onset? The younger historians always put in a word for Richard M. Nixon, the
only American president forced to resign from office.
Now, though, George W. Bush is in serious contention for the title of worst
ever. In early 2004, an informal survey of 415 historians conducted by the
nonpartisan History News Network found that eighty-one percent considered
the Bush administration a "failure." Among those who called Bush a success,
many gave the president high marks only for his ability to mobilize public
support and get Congress to go along with what one historian called the
administration's "pursuit of disastrous policies." In fact, roughly one in
ten of those who called Bush a success was being facetious, rating him only
as the best president since Bill Clinton -- a category in which Bush is the
only contestant.
The lopsided decision of historians should give everyone pause. Contrary to
popular stereotypes, historians are generally a cautious bunch. We assess
the past from widely divergent points of view and are deeply concerned about
being viewed as fair and accurate by our colleagues. When we make historical
judgments, we are acting not as voters or even pundits, but as scholars who
must evaluate all the evidence, good, bad or indifferent. Separate surveys,
conducted by those perceived as conservatives as well as liberals, show
remarkable unanimity about who the best and worst presidents have been.
Historians do tend, as a group, to be far more liberal than the citizenry as
a whole -- a fact the president's admirers have seized on to dismiss the
poll results as transparently biased. One pro-Bush historian said the survey
revealed more about "the current crop of history professors" than about Bush
or about Bush's eventual standing. But if historians were simply motivated
by a strong collective liberal bias, they might be expected to call Bush the
worst president since his father, or Ronald Reagan, or Nixon. Instead, more
than half of those polled -- and nearly three-fourths of those who gave Bush
a negative rating -- reached back before Nixon to find a president they
considered as miserable as Bush. The presidents most commonly linked with
Bush included Hoover, Andrew Johnson and Buchanan. Twelve percent of the
historians polled -- nearly as many as those who rated Bush a success --
flatly called Bush the worst president in American history. And these
figures were gathered before the debacles over Hurricane Katrina, Bush's
role in the Valerie Plame leak affair and the deterioration of the situation
in Iraq. Were the historians polled today, that figure would certainly be
higher.
Even worse for the president, the general public, having once given Bush the
highest approval ratings ever recorded, now appears to be coming around to
the dismal view held by most historians. To be sure, the president retains a
considerable base of supporters who believe in and adore him, and who reject
all criticism with a mixture of disbelief and fierce contempt -- about
one-third of the electorate. (When the columnist Richard Reeves publicized
the historians' poll last year and suggested it might have merit, he drew
thousands of abusive replies that called him an idiot and that praised Bush
as, in one writer's words, "a Christian who actually acts on his deeply held
beliefs.") Yet the ranks of the true believers have thinned dramatically. A
majority of voters in forty-three states now disapprove of Bush's handling
of his job. Since the commencement of reliable polling in the 1940s, only
one twice-elected president has seen his ratings fall as low as Bush's in
his second term: Richard Nixon, during the months preceding his resignation
in 1974. No two-term president since polling began has fallen from such a
height of popularity as Bush's (in the neighborhood of ninety percent,
during the patriotic upswell following the 2001 attacks) to such a low (now
in the midthirties). No president, including Harry Truman (whose ratings
sometimes dipped below Nixonian levels), has experienced such a virtually
unrelieved decline as Bush has since his high point. Apart from sharp but
temporary upticks that followed the commencement of the Iraq war and the
capture of Saddam Hussein, and a recovery during the weeks just before and
after his re-election, the Bush trend has been a profile in fairly steady
disillusionment.
* * * *
How does any president's reputation sink so low? The reasons are best
understood as the reverse of those that produce presidential greatness. In
almost every survey of historians dating back to the 1940s, three presidents
have emerged as supreme successes: George Washington, Abraham Lincoln and
Franklin D. Roosevelt. These were the men who guided the nation through what
historians consider its greatest crises: the founding era after the
ratification of the Constitution, the Civil War, and the Great Depression
and Second World War. Presented with arduous, at times seemingly impossible
circumstances, they rallied the nation, governed brilliantly and left the
republic more secure than when they entered office.
Calamitous presidents, faced with enormous difficulties -- Buchanan, Andrew
Johnson, Hoover and now Bush -- have divided the nation, governed
erratically and left the nation worse off. In each case, different factors
contributed to the failure: disastrous domestic policies, foreign-policy
blunders and military setbacks, executive misconduct, crises of credibility
and public trust. Bush, however, is one of the rarities in presidential
history: He has not only stumbled badly in every one of these key areas, he
has also displayed a weakness common among the greatest presidential
failures -- an unswerving adherence to a simplistic ideology that abjures
deviation from dogma as heresy, thus preventing any pragmatic adjustment to
changing realities. Repeatedly, Bush has undone himself, a failing revealed
in each major area of presidential performance.
* * * *
THE CREDIBILITY GAP
No previous president appears to have squandered the public's trust more
than Bush has. In the 1840s, President James Polk gained a reputation for
deviousness over his alleged manufacturing of the war with Mexico and his
supposedly covert pro-slavery views. Abraham Lincoln, then an Illinois
congressman, virtually labeled Polk a liar when he called him, from the
floor of the House, "a bewildered, confounded and miserably perplexed man"
and denounced the war as "from beginning to end, the sheerest deception."
But the swift American victory in the war, Polk's decision to stick by his
pledge to serve only one term and his sudden death shortly after leaving
office spared him the ignominy over slavery that befell his successors in
the 1850s. With more than two years to go in Bush's second term and no swift
victory in sight, Bush's reputation will probably have no such reprieve.
The problems besetting Bush are of a more modern kind than Polk's, suited to
the television age -- a crisis both in confidence and credibility. In 1965,
Lyndon Johnson's Vietnam travails gave birth to the phrase "credibility
gap," meaning the distance between a president's professions and the
public's perceptions of reality. It took more than two years for Johnson's
disapproval rating in the Gallup Poll to reach fifty-two percent in March
1968 -- a figure Bush long ago surpassed, but that was sufficient to
persuade the proud LBJ not to seek re-election. Yet recently, just short of
three years after Bush buoyantly declared "mission accomplished" in Iraq,
his disapproval ratings have been running considerably higher than
Johnson's, at about sixty percent. More than half the country now considers
Bush dishonest and untrustworthy, and a decisive plurality consider him less
trustworthy than his predecessor, Bill Clinton -- a figure still attacked by
conservative zealots as "Slick Willie."
Previous modern presidents, including Truman, Reagan and Clinton, managed to
reverse plummeting ratings and regain the public's trust by shifting
attention away from political and policy setbacks, and by overhauling the
White House's inner circles. But Bush's publicly expressed view that he has
made no major mistakes, coupled with what even the conservative commentator
William F. Buckley Jr. calls his "high-flown pronouncements" about failed
policies, seems to foreclose the first option. Upping the ante in the Middle
East and bombing Iranian nuclear sites, a strategy reportedly favored by
some in the White House, could distract the public and gain Bush immediate
political capital in advance of the 2006 midterm elections -- but in the
long term might severely worsen the already dire situation in Iraq,
especially among Shiite Muslims linked to the Iranians. And given Bush's
ardent attachment to loyal aides, no matter how discredited, a major
personnel shake-up is improbable, short of indictments. Replacing Andrew
Card with Joshua Bolten as chief of staff -- a move announced by the
president in March in a tone that sounded more like defiance than contrition
-- represents a rededication to current policies and personnel, not a
serious change. (Card, an old Bush family retainer, was widely considered
more moderate than most of the men around the president and had little
involvement in policy-making.) The power of Vice President Dick Cheney,
meanwhile, remains uncurbed. Were Cheney to announce he is stepping down due
to health problems, normally a polite pretext for a political removal, one
can be reasonably certain it would be because Cheney actually did have grave
health problems.
* * * *
BUSH AT WAR
Until the twentieth century, American presidents managed foreign wars well
-- including those presidents who prosecuted unpopular wars. James Madison
had no support from Federalist New England at the outset of the War of 1812,
and the discontent grew amid mounting military setbacks in 1813. But
Federalist political overreaching, combined with a reversal of America's
military fortunes and the negotiation of a peace with Britain, made Madison
something of a hero again and ushered in a brief so-called Era of Good
Feelings in which his Jeffersonian Republican Party coalition ruled
virtually unopposed. The Mexican War under Polk was even more unpopular, but
its quick and victorious conclusion redounded to Polk's favor -- much as the
rapid American victory in the Spanish-American War helped William McKinley
overcome anti-imperialist dissent.
The twentieth century was crueler to wartime presidents. After winning
re-election in 1916 with the slogan "He Kept Us Out of War," Woodrow Wilson
oversaw American entry into the First World War. Yet while the doughboys
returned home triumphant, Wilson's idealistic and politically disastrous
campaign for American entry into the League of Nations presaged a resurgence
of the opposition Republican Party along with a redoubling of American
isolationism that lasted until Pearl Harbor.
Bush has more in common with post-1945 Democratic presidents Truman and
Johnson, who both became bogged down in overseas military conflicts with no
end, let alone victory, in sight. But Bush has become bogged down in a
singularly crippling way. On September 10th, 2001, he held among the lowest
ratings of any modern president for that point in a first term. (Only Gerald
Ford, his popularity reeling after his pardon of Nixon, had comparable
numbers.) The attacks the following day transformed Bush's presidency,
giving him an extraordinary opportunity to achieve greatness. Some of the
early signs were encouraging. Bush's simple, unflinching eloquence and his
quick toppling of the Taliban government in Afghanistan rallied the nation.
Yet even then, Bush wasted his chance by quickly choosing partisanship over
leadership.
No other president -- Lincoln in the Civil War, FDR in World War II, John F.
Kennedy at critical moments of the Cold War -- faced with such a monumental
set of military and political circumstances failed to embrace the opposing
political party to help wage a truly national struggle. But Bush shut out
and even demonized the Democrats. Top military advisers and even members of
the president's own Cabinet who expressed any reservations or criticisms of
his policies -- including retired Marine Corps Gen. Anthony Zinni and former
Treasury Secretary Paul O'Neill -- suffered either dismissal, smear attacks
from the president's supporters or investigations into their alleged
breaches of national security. The wise men who counseled Bush's father,
including James Baker and Brent Scowcroft, found their entreaties brusquely
ignored by his son. When asked if he ever sought advice from the elder Bush,
the president responded, "There is a higher Father that I appeal to."
All the while, Bush and the most powerful figures in the administration,
Vice President Dick Cheney and Defense Secretary Donald Rumsfeld, were
planting the seeds for the crises to come by diverting the struggle against
Al Qaeda toward an all-out effort to topple their pre-existing target,
Saddam Hussein. In a deliberate political decision, the administration
stampeded the Congress and a traumatized citizenry into the Iraq invasion on
the basis of what has now been demonstrated to be tendentious and perhaps
fabricated evidence of an imminent Iraqi threat to American security, one
that the White House suggested included nuclear weapons. Instead of
emphasizing any political, diplomatic or humanitarian aspects of a war on
Iraq -- an appeal that would have sounded too "sensitive," as Cheney once
sneered -- the administration built a "Bush Doctrine" of unprovoked,
preventive warfare, based on speculative threats and embracing principles
previously abjured by every previous generation of U.S. foreign
policy-makers, even at the height of the Cold War. The president did so with
premises founded, in the case of Iraq, on wishful thinking. He did so while
proclaiming an expansive Wilsonian rhetoric of making the world safe for
democracy -- yet discarding the multilateralism and systems of international
law (including the Geneva Conventions) that emanated from Wilson's idealism.
He did so while dismissing intelligence that an American invasion could
spark a long and bloody civil war among Iraq's fierce religious and ethnic
rivals, reports that have since proved true. And he did so after repeated
warnings by military officials such as Gen. Eric Shinseki that pacifying
postwar Iraq would require hundreds of thousands of American troops --
accurate estimates that Paul Wolfowitz and other Bush policy gurus ridiculed
as "wildly off the mark."
When William F. Buckley, the man whom many credit as the founder of the
modern conservative movement, writes categorically, as he did in February,
that "one can't doubt that the American objective in Iraq has failed," then
something terrible has happened. Even as a brash young iconoclast, Buckley
always took the long view. The Bush White House seems incapable of doing so,
except insofar as a tiny trusted circle around the president constantly
reassures him that he is a messianic liberator and profound freedom fighter,
on a par with FDR and Lincoln, and that history will vindicate his every act
and utterance.
* * * *
BUSH AT HOME
Bush came to office in 2001 pledging to govern as a "compassionate
conservative," more moderate on domestic policy than the dominant right wing
of his party. The pledge proved hollow, as Bush tacked immediately to the
hard right. Previous presidents and their parties have suffered when their
actions have belied their campaign promises. Lyndon Johnson is the most
conspicuous recent example, having declared in his 1964 run against the
hawkish Republican Barry Goldwater that "we are not about to send American
boys nine or ten thousand miles away from home to do what Asian boys ought
to be doing for themselves." But no president has surpassed Bush in
departing so thoroughly from his original campaign persona.
The heart of Bush's domestic policy has turned out to be nothing more than a
series of massively regressive tax cuts -- a return, with a vengeance, to
the discredited Reagan-era supply-side faith that Bush's father once
ridiculed as "voodoo economics." Bush crowed in triumph in February 2004,
"We cut taxes, which basically meant people had more money in their pocket."
The claim is bogus for the majority of Americans, as are claims that tax
cuts have led to impressive new private investment and job growth. While
wiping out the solid Clinton-era federal surplus and raising federal
deficits to staggering record levels, Bush's tax policies have necessitated
hikes in federal fees, state and local taxes, and co-payment charges to
needy veterans and families who rely on Medicaid, along with cuts in loan
programs to small businesses and college students, and in a wide range of
state services. The lion's share of benefits from the tax cuts has gone to
the very richest Americans, while new business investment has increased at a
historically sluggish rate since the peak of the last business cycle five
years ago. Private-sector job growth since 2001 has been anemic compared to
the Bush administration's original forecasts and is chiefly attributable not
to the tax cuts but to increased federal spending, especially on defense.
Real wages for middle-income Americans have been dropping since the end of
2003: Last year, on average, nominal wages grew by only 2.4 percent, a
meager gain that was completely erased by an average inflation rate of 3.4
percent.
The monster deficits, caused by increased federal spending combined with the
reduction of revenue resulting from the tax cuts, have also placed Bush's
administration in a historic class of its own with respect to government
borrowing. According to the Treasury Department, the forty-two presidents
who held office between 1789 and 2000 borrowed a combined total of $1.01
trillion from foreign governments and financial institutions. But between
2001 and 2005 alone, the Bush White House borrowed $1.05 trillion, more than
all of the previous presidencies combined. Having inherited the largest
federal surplus in American history in 2001, he has turned it into the
largest deficit ever -- with an even higher deficit, $423 billion, forecast
for fiscal year 2006. Yet Bush -- sounding much like Herbert Hoover in 1930
predicting that "prosperity is just around the corner" -- insists that he
will cut federal deficits in half by 2009, and that the best way to
guarantee this would be to make permanent his tax cuts, which helped cause
the deficit in the first place!
The rest of what remains of Bush's skimpy domestic agenda is either failed
or failing -- a record unmatched since the presidency of Herbert Hoover. The
No Child Left Behind educational-reform act has proved so unwieldy,
draconian and poorly funded that several states -- including Utah, one of
Bush's last remaining political strongholds -- have fought to opt out of it
entirely. White House proposals for immigration reform and a guest-worker
program have succeeded mainly in dividing pro-business Republicans (who want
more low-wage immigrant workers) from paleo-conservatives fearful that
hordes of Spanish-speaking newcomers will destroy American culture. The
paleos' call for tougher anti-immigrant laws -- a return to the punitive
spirit of exclusion that led to the notorious Immigration Act of 1924 that
shut the door to immigrants from Southern and Eastern Europe -- has in turn
deeply alienated Hispanic voters from the Republican Party, badly
undermining the GOP's hopes of using them to build a permanent national
electoral majority. The recent pro-immigrant demonstrations, which drew
millions of marchers nationwide, indicate how costly the Republican divide
may prove.
The one noncorporate constituency to which Bush has consistently deferred is
the Christian right, both in his selections for the federal bench and in his
implications that he bases his policies on premillennialist, prophetic
Christian doctrine. Previous presidents have regularly invoked the Almighty.
McKinley is supposed to have fallen to his knees, seeking divine guidance
about whether to take control of the Philippines in 1898, although the story
may be apocryphal. But no president before Bush has allowed the press to
disclose, through a close friend, his startling belief that he was ordained
by God to lead the country. The White House's sectarian positions -- over
stem-cell research, the teaching of pseudoscientific "intelligent design,"
global population control, the Terri Schiavo spectacle and more -- have led
some to conclude that Bush has promoted the transformation of the GOP into
what former Republican strategist Kevin Phillips calls "the first religious
party in U.S. history."
Bush's faith-based conception of his mission, which stands above and beyond
reasoned inquiry, jibes well with his administration's pro-business dogma on
global warming and other urgent environmental issues. While forcing
federally funded agencies to remove from their Web sites scientific
information about reproductive health and the effectiveness of condoms in
combating HIV/AIDS, and while peremptorily overruling staff scientists at
the Food and Drug Administration on making emergency contraception available
over the counter, Bush officials have censored and suppressed research
findings they don't like by the Environmental Protection Agency, the Fish
and Wildlife Service and the Department of Agriculture. Far from being the
conservative he said he was, Bush has blazed a radical new path as the first
American president in history who is outwardly hostile to science --
dedicated, as a distinguished, bipartisan panel of educators and scientists
(including forty-nine Nobel laureates) has declared, to "the distortion of
scientific knowledge for partisan political ends."
The Bush White House's indifference to domestic problems and science alike
culminated in the catastrophic responses to Hurricane Katrina. Scientists
had long warned that global warming was intensifying hurricanes, but Bush
ignored them -- much as he and his administration sloughed off warnings from
the director of the National Hurricane Center before Katrina hit.
Reorganized under the Department of Homeland Security, the once efficient
Federal Emergency Management Agency turned out, under Bush, to have become a
nest of cronyism and incompetence. During the months immediately after the
storm, Bush traveled to New Orleans eight times to promise massive
rebuilding aid from the federal government. On March 30th, however, Bush's
Gulf Coast recovery coordinator admitted that it could take as long as
twenty-five years for the city to recover.
Karl Rove has sometimes likened Bush to the imposing, no-nonsense President
Andrew Jackson. Yet Jackson took measures to prevent those he called "the
rich and powerful" from bending "the acts of government to their selfish
purposes." Jackson also gained eternal renown by saving New Orleans from
British invasion against terrible odds. Generations of Americans sang of
Jackson's famous victory. In 1959, Johnny Horton's version of "The Battle of
New Orleans" won the Grammy for best country & western performance. If
anyone sings about George W. Bush and New Orleans, it will be a blues
number.
* * * *
PRESIDENTIAL MISCONDUCT
Virtually every presidential administration dating back to George
Washington's has faced charges of misconduct and threats of impeachment
against the president or his civil officers. The alleged offenses have
usually involved matters of personal misbehavior and corruption, notably the
payoff scandals that plagued Cabinet officials who served presidents Harding
and Ulysses S. Grant. But the charges have also included alleged usurpation
of power by the president and serious criminal conduct that threatens
constitutional government and the rule of law -- most notoriously, the
charges that led to the impeachments of Andrew Johnson and Bill Clinton, and
to Richard Nixon's resignation.
Historians remain divided over the actual grievousness of many of these
allegations and crimes. Scholars reasonably describe the graft and
corruption around the Grant administration, for example, as gargantuan,
including a kickback scandal that led to the resignation of Grant's
secretary of war under the shadow of impeachment. Yet the scandals produced
no indictments of Cabinet secretaries and only one of a White House aide,
who was acquitted. By contrast, the most scandal-ridden administration in
the modern era, apart from Nixon's, was Ronald Reagan's, now widely
remembered through a haze of nostalgia as a paragon of virtue. A total of
twenty-nine Reagan officials, including White House national security
adviser Robert McFarlane and deputy chief of staff Michael Deaver, were
convicted on charges stemming from the Iran-Contra affair, illegal lobbying
and a looting scandal inside the Department of Housing and Urban
Development. Three Cabinet officers -- HUD Secretary Samuel Pierce, Attorney
General Edwin Meese and Secretary of Defense Caspar Weinberger -- left their
posts under clouds of scandal. In contrast, not a single official in the
Clinton administration was even indicted over his or her White House duties,
despite repeated high-profile investigations and a successful, highly
partisan impeachment drive.
The full report, of course, has yet to come on the Bush administration.
Because Bush, unlike Reagan or Clinton, enjoys a fiercely partisan and loyal
majority in Congress, his administration has been spared scrutiny. Yet that
mighty advantage has not prevented the indictment of Vice President Dick
Cheney's chief of staff, I. Lewis "Scooter" Libby, on charges stemming from
an alleged major security breach in the Valerie Plame matter. (The last
White House official of comparable standing to be indicted while still in
office was Grant's personal secretary, in 1875.) It has not headed off the
unprecedented scandal involving Larry Franklin, a high-ranking Defense
Department official, who has pleaded guilty to divulging classified
information to a foreign power while working at the Pentagon -- a crime
against national security. It has not forestalled the arrest and indictment
of Bush's top federal procurement official, David Safavian, and the
continuing investigations into Safavian's intrigues with the disgraced
Republican lobbyist Jack Abramoff, recently sentenced to nearly six years in
prison -- investigations in which some prominent Republicans, including
former Christian Coalition executive director Ralph Reed (and current GOP
aspirant for lieutenant governor of Georgia) have already been implicated,
and could well produce the largest congressional corruption scandal in
American history. It has not dispelled the cloud of possible indictment that
hangs over others of Bush's closest advisers.
History may ultimately hold Bush in the greatest contempt for expanding the
powers of the presidency beyond the limits laid down by the U.S.
Constitution. There has always been a tension over the constitutional roles
of the three branches of the federal government. The Framers intended as
much, as part of the system of checks and balances they expected would
minimize tyranny. When Andrew Jackson took drastic measures against the
nation's banking system, the Whig Senate censured him for conduct "dangerous
to the liberties of the people." During the Civil War, Abraham Lincoln's
emergency decisions to suspend habeas corpus while Congress was out of
session in 1861 and 1862 has led some Americans, to this day, to regard him
as a despot. Richard Nixon's conduct of the war in Southeast Asia and his
covert domestic-surveillance programs prompted Congress to pass new statutes
regulating executive power.
By contrast, the Bush administration -- in seeking to restore what Cheney, a
Nixon administration veteran, has called "the legitimate authority of the
presidency" -- threatens to overturn the Framers' healthy tension in favor
of presidential absolutism. Armed with legal findings by his attorney
general (and personal lawyer) Alberto Gonzales, the Bush White House has
declared that the president's powers as commander in chief in wartime are
limitless. No previous wartime president has come close to making so
grandiose a claim. More specifically, this administration has asserted that
the president is perfectly free to violate federal laws on such matters as
domestic surveillance and the torture of detainees. When Congress has passed
legislation to limit those assertions, Bush has resorted to issuing
constitutionally dubious "signing statements," which declare, by fiat, how
he will interpret and execute the law in question, even when that
interpretation flagrantly violates the will of Congress. Earlier presidents,
including Jackson, raised hackles by offering their own view of the
Constitution in order to justify vetoing congressional acts. Bush doesn't
bother with that: He signs the legislation (eliminating any risk that
Congress will overturn a veto), and then governs how he pleases -- using the
signing statements as if they were line-item vetoes. In those instances when
Bush's violations of federal law have come to light, as over domestic
surveillance, the White House has devised a novel solution: Stonewall any
investigation into the violations and bid a compliant Congress simply to
rewrite the laws.
Bush's alarmingly aberrant take on the Constitution is ironic. One need go
back in the record less than a decade to find prominent Republicans railing
against far more minor presidential legal infractions as precursors to
all-out totalitarianism. "I will have no part in the creation of a
constitutional double-standard to benefit the president," Sen. Bill Frist
declared of Bill Clinton's efforts to conceal an illicit sexual liaison. "No
man is above the law, and no man is below the law -- that's the principle
that we all hold very dear in this country," Rep. Tom DeLay asserted. "The
rule of law protects you and it protects me from the midnight fire on our
roof or the 3 a.m. knock on our door," warned Rep. Henry Hyde, one of
Clinton's chief accusers. In the face of Bush's more definitive dismissal of
federal law, the silence from these quarters is deafening.
The president's defenders stoutly contend that war-time conditions fully
justify Bush's actions. And as Lincoln showed during the Civil War, there
may be times of military emergency where the executive believes it
imperative to take immediate, highly irregular, even unconstitutional steps.
"I felt that measures, otherwise unconstitutional, might become lawful,"
Lincoln wrote in 1864, "by becoming indispensable to the preservation of the
Constitution, through the preservation of the nation." Bush seems to think
that, since 9/11, he has been placed, by the grace of God, in the same kind
of situation Lincoln faced. But Lincoln, under pressure of daily combat on
American soil against fellow Americans, did not operate in secret, as Bush
has. He did not claim, as Bush has, that his emergency actions were wholly
regular and constitutional as well as necessary; Lincoln sought and received
Congressional authorization for his suspension of habeas corpus in 1863. Nor
did Lincoln act under the amorphous cover of a "war on terror" -- a war
against a tactic, not a specific nation or political entity, which could
last as long as any president deems the tactic a threat to national
security. Lincoln's exceptional measures were intended to survive only as
long as the Confederacy was in rebellion. Bush's could be extended
indefinitely, as the president sees fit, permanently endangering rights and
liberties guaranteed by the Constitution to the citizenry.
* * * *
Much as Bush still enjoys support from those who believe he can do no wrong,
he now suffers opposition from liberals who believe he can do no right. Many
of these liberals are in the awkward position of having supported Bush in
the past, while offering little coherent as an alternative to Bush's
policies now. Yet it is difficult to see how this will benefit Bush's
reputation in history.
The president came to office calling himself "a uniter, not a divider" and
promising to soften the acrimonious tone in Washington. He has had two
enormous opportunities to fulfill those pledges: first, in the noisy
aftermath of his controversial election in 2000, and, even more, after the
attacks of September 11th, when the nation pulled behind him as it has
supported no other president in living memory. Yet under both sets of
historically unprecedented circumstances, Bush has chosen to act in ways
that have left the country less united and more divided, less conciliatory
and more acrimonious -- much like James Buchanan, Andrew Johnson and Herbert
Hoover before him. And, like those three predecessors, Bush has done so in
the service of a rigid ideology that permits no deviation and refuses to
adjust to changing realities. Buchanan failed the test of Southern
secession, Johnson failed in the face of Reconstruction, and Hoover failed
in the face of the Great Depression. Bush has failed to confront his own
failures in both domestic and international affairs, above all in his
ill-conceived responses to radical Islamic terrorism. Having confused steely
resolve with what Ralph Waldo Emerson called "a foolish consistency . . .
adored by little statesmen," Bush has become entangled in tragedies of his
own making, compounding those visited upon the country by outside forces.
No historian can responsibly predict the future with absolute certainty.
There are too many imponderables still to come in the two and a half years
left in Bush's presidency to know exactly how it will look in 2009, let
alone in 2059. There have been presidents -- Harry Truman was one -- who
have left office in seeming disgrace, only to rebound in the estimates of
later scholars. But so far the facts are not shaping up propitiously for
George W. Bush. He still does his best to deny it. Having waved away the
lessons of history in the making of his decisions, the present-minded Bush
doesn't seem to be concerned about his place in history. "History. We won't
know," he told the journalist Bob Woodward in 2003. "We'll all be dead."
Another president once explained that the judgments of history cannot be
defied or dismissed, even by a president. "Fellow citizens, we cannot escape
history," said Abraham Lincoln. "We of this Congress and this
administration, will be remembered in spite of ourselves. No personal
significance, or insignificance, can spare one or another of us. The fiery
trial through which we pass, will light us down, in honor or dishonor, to
the latest generation." |