Goodbye, Mr. Bush

The Republican will to power remains ferocious. It will take a dauntless Democratic leader to win back the White House and restore dignity to the Constitution.

Editor's note: Sidney Blumenthal is joining the Hillary Clinton campaign as a senior advisor, and this is his last column for Salon.

By Sidney Blumenthal

Read more: Republican Party, George W. Bush, Rudy Giuliani, Democratic Party, Hillary Rodham Clinton, Politics, Sidney Blumenthal, Richard Nixon, Opinion, Dick Cheney, 2008 election

Photo: AP

A Salon photo composite of George W. Bush.

Nov. 15, 2007 | Under crisis conditions of an extraordinary magnitude political leadership of the highest level will be required in the next presidency. The damage is broad, deep and spreading, apparent not only in international disorder and violence, the unprecedented decline of U.S. prestige, and the flouting of our security and economic interests but also in the hollowing out of the federal government's departments and agencies, and their growing incapacity to fulfill their functions, from FEMA to the Department of Justice.

The more rigid the current president is in responding to the chaos he has fostered, the more the Republicans still supporting him rally around him as a pillar of strength. His flat learning curve, refusal to admit error and redoubling of mistakes are regarded as tests of his strong character. Whatever his low poll ratings of the moment, his stubborn adherence to failure is admired as evidence of his potency.

The patently perverse notion that weakness is strength is the basis of Bush's remaining credibility within his party. His abuse of presidential power is seen as his great asset rather than understood as his enduring weakness. But when the president assumes all the responsibility, he also receives all the blame, which becomes unitary and unilateral. Supreme Court Justice Robert Jackson stated the constitutional principle in the 1952 Youngstown Steel case: "When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb. Presidential claim to a power at once so conclusive and preclusive must be scrutinized with caution, for what is at stake is the equilibrium established by our constitutional system."

In his waning year, Bush is pointedly indifferent to the predictable consequences of his collapse. According to those who have met with him recently, he envisions himself as a noble idealist having made moral decisions that will vindicate him generations from now.

Despite the obvious shortcomings of his policies, he has startlingly succeeded in reshaping the executive into an unaccountable imperial presidency. And Bush's presidency is now accepted as the only acceptable version for major Republican candidates who aspire to succeed him. All of them have pledged to extend its arbitrary powers. Their embrace of the imperial presidency makes the 2008 election a turning point in constitutional government.

This campaign pits two parties running on diametrically opposite ideas of the presidency and the Constitution. There has not been such a sharp divergence on the foundation of the federal system since perhaps the election of 1860.

Two models of the presidency are at odds, one whose founding father was George Washington, the other whose founding father was Richard Nixon. Under the aegis of Dick Cheney, who considered the scandal in Watergate to be a political trick to topple Nixon, the original vision has been entrenched and extended. Cheney is the pluperfect staff man, beginning as Donald Rumsfeld's assistant in the Nixon White House, and was aptly code-named "Backseat" by the Secret Service when he pulled the strings in the Ford White House as chief of staff. For Cheney and the president under his tutelage, eagerly acting as "The Decider" on decision memos carefully packaged by "Backseat," the Constitution is a defective instrument remedied by unlimited executive power.

Like Nixon, Bush and Cheney act on the idea that the more they operate outside the constitutional system, the stronger they are. But, unlike Nixon, they are willfully contemptuous of facts and evidence, believing that unfettered power gives them the authority to create or impose their own. Bush and Cheney have refined and simplified Nixon's concept, purging it of his realism and flexibility. There will be no opening to Iran as there was an opening to China. In Bush's imperial presidency, neoconservatism meets Nixonianism, the ideology providing the high concept of low politics.

In ways that Nixon did not achieve, Bush has reduced the entire presidency and its functions to the commander in chief in wartime. And in order to sustain this role he has projected a never-ending war against a distant, faceless foe, ubiquitous and lethal. Fear and panic became the chief motifs substituting for democratic persuasion to engineer the consent of the governed, as Jack Goldsmith, Bush's former director of the Office of Legal Counsel in the Justice Department, explains in "The Terror Presidency." He writes, "Why did the administration so often assert presidential power in ways that seemed unnecessary and politically self-defeating? The answer, I believe, is that the administration's conception of presidential power had a kind of theological significance that often trumped political consequences."

The imperial president must by definition be an infallible leader. Only he can determine what is a mistake because he is infallible. Stephen Bradbury, the acting director of OLC in the Justice Department who wrote secret memos justifying the torture policy in 2005, defined this Bush doctrine in congressional testimony in 2006: "The president is always right." Placing his statement in context, Bradbury explained that he was referring to "the war paradigm," the neoconservative idea of the Bush presidency, "the law of war," wherein the president is a law unto himself. This notion seems medieval, but it is central to the new radical Republican notion of the presidency. When Bradbury uttered his extraordinary remark, he did not think he was saying anything unusual. His statement, after all, was only a corollary of Nixon's infamous one made in his post-resignation interview with David Frost, "When the president does it, that means it's not illegal." Bush exceeds Nixon in his claim of divine inspiration from the Higher Father.

Every executive policy does not exist on its own merit but as part of an overarching plan to establish an executive who rules by fiat. Enforcing these policies is intended to break down resistance to aggrandizing unaccountable power for the presidency. Warrantless domestic surveillance is a case in point.

Next page: Torture is the linchpin of the new Republican argument on presidential power