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The 2008 presidential campaign and the legacy of the Cheney Project

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I hope that my book Takeover: The Return of the Imperial Presidency and the Subversion of American Democracy persuasively establishes that America is at an extraordinary constitutional moment, one that rises above ordinary politics. The Bush-Cheney administration has successfully pioneered a slew of new and enhanced powers for the presidency, an arsenal that they will leave to their successors on January 20, 2009. Thus, the actions of the next president about White House power, and the attitude of the legal team he or she will hire, will be enormously important.

When I say “the subversion of American democracy” in my somewhat aggressive subtitle, I am speaking only of American-style democracy – the Founders’ vision of checks and balances to prevent the concentration of government power – not democracy per se. After all, presidents are still elected. But there is one way in which the more sweeping understanding of “democracy” comes into play here. Maybe Cheney's belief in a stronger presidency with fewer checks and balances makes sense given the dangers and complexities of the modern world, or maybe it doesn't make sense given what the Founders understood to be the flaws of human nature, something that time will never change. In either case, though, it is a fundamental principle of democracy that if a nation's governing system is going to undergo a change, it should only happen after an informed public debate and a demonstrated mandate from voters. Back in 2000, the Bush-Cheney campaign didn’t say anything about their attitude toward presidential power to voters, even though expanding it would become a conscious and central agenda from their first day in office. Today, even though the 2008 primary campaign has already been grinding on for many months, the candidates from both parties have again volunteered little about their views of executive power and what limits, if any, they would respect on their own authority if voters entrust them with the White House. Debate moderators have not asked the key questions, and the candidates have, for the most part, have been content to leave the topic alone.

There is now both a conservative group and a liberal coalition that have formed for the expressed purpose of trying to change that silence. They are each urging debate moderators to ask more questions about presidential power –Do they think a president has the power to bypass laws and ratified treaties? What will their attitude be toward government secrecy, congressional oversight, and Freedom of Information Act requests? Will they use signing statements as Bush has done? Do they think they need to go to the Senate if they want to pull out of a ratified treaty? What do they think about the idea of imprisoning US citizens without charge as “enemy combatants?” Both groups are also trying to educate members of Congress and the public about the importance of this issue.

Someone once told me that nobody thinks about executive power when they are mowing their lawn. But I hope that this book will help create a greater awareness of these matters among Americans of all political stripes as the primary campaign season heats up. Debate moderators, journalists, and ordinary voters – especially in the (increasingly prolific) early primary states – should try to get all the candidates of both parties on the record about this issue before Election Day. Aspiring presidents should be required to tell voters what they think now, not after one of them has already moved into the White House.

Over the next four weeks, I’ll be on the road to keep talking about this book, and will be visiting Seattle, Portland, Los Angeles, Raleigh, Fort Wayne, Chicago, Ann Arbor, Cambridge, Boston, New York, and New Haven. I invite you, if you live in one of those cities, to please come out to see me and we can continue the conversation during the question-and-answer periods. More information about the schedule can be found at the events page on my book website.

In parting, I am going to lay out in slightly greater detail what you will find in the book if you choose to pick it up, as I hope each of you will:

Chapter One – Inside the Bunker: Dick Cheney gives the shoot-down order on 9/11, a symbol of his role in this administration. The agenda he would use that influence to promote.

Chapter Two – The Fall of the Imperial Presidency and the Rise of Dick Cheney: 1789-1976. A history of executive power from the founding to the post-Watergate/Vietnam moment, interwoven with Cheney’s work under Nixon and Ford.

Chapter Three – “A Cabal of Zealots”: 1977-2000. A history of executive power during the Carter, Reagan, Bush-Quayle, and Clinton administrations, interwoven with Cheney’s record in Congress and as secretary of defense.

Chapter Four – The Agenda. What Alberto Gonzales said about executive power at the first meeting of the White House Counsel’s office in January 2001, and a close look at key members of the legal team.

Chapter Five – “Behind Closed Doors”: Secrecy I. The beginnings of the push to expand executive secrecy and how 9/11 threw that inclination into overdrive.

Chapter Six – The Unleashing: Laws and Treaties I. After 9/11, the Bush-Cheney legal team moves to establish nearly unlimited commander-in-chief powers, and a plain-English explanation of their theories.

Chapter Seven – “A Hollow Shell”: Secrecy II. The information control agenda rolls on, including the state secrets privilege, selectively declassifying information, threatening reporters with prosecution, etc.

Chapter Eight – The Perseverance and the Purge: Laws and Treaties II. Some inside the executive branch resist and the Supreme Court issues adverse rulings. The White House digs in.

Chapter Nine – The Torture Ban. The 2005 battle between Cheney and Senator McCain, culminating with the torture ban signing statement.

Chapter Ten – Power of the Pen: Signing Statements. The development of the modern use of signing statements by the Reagan legal team, Bush’s unprecedented escalation, and the 2006 controversy.

Chapter Eleven – “To Say What the Law Is”: The Supreme Court. John Roberts, Harriet Miers, and Samuel Alito through the lens of executive power. The 2006 Hamdan ruling.

Chapter Twelve – Discipline and Control: The Executive Branch. Case studies demonstrating the effort to centralize more power in the White House by imposing greater political control over career officials.

Chapter 13 – The Politics of Presidential Power. How the countervailing forces that would normally push back against executive power grabs broke down. The Military Commissions Act. Presidential power as a one-way ratchet.

---

Finally, I’d like to say thanks to TPM Café for inviting me to talk about “Takeover” at their book salon this week, and to all of you who have participated. I hope you enjoy the book!


8 Comments

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I ordered the book yesterday and appreciate the work you've done in unpacking this convoluted plot.

Thank you so much for being here and for writing this much neeeded book. I'll definitely be buying this! I'm just disappointed that your book tour won't bring you to San Francisco...

I worry about executive abuse of power constantly: mowing the lawn, on the bus, at the movies....

Your work in this area, starting with the Globe articles, has been so incredibly important. Why do you understand this when so few of your colleagues do? Why are there so few real journalists?

I will ask you to autograph my copy of the book when you're back in Boston. I look forward to reading it, but I doubt it will be with much enjoyment.

If we get through this terrible time and manage to resuscitate our republic, you (and Josh & Co.) will be among the leadership that made it happen.

I want my daughter to grow up knowing freedom.

Thank you from the bottom of my heart for your contribution.

I don't see an appearance on The Daily Show on your web site. Surely this is right up Jon Stewart's alley. You should definitely send him a copy of the book!

I know you're involved in publicity for this book, but I hope you'll consider your topic(s) for the next. What I'd like you to consider are the following questions:

(A) Are the presidential elections fair anymore, or are the increasing powers you describe leading to a "tipping point" after which the party in power will be able to stay in power (illegally and indefinitely)? I know a lot of books have been written on the theft of the last two elections, but your research and perspective on what could happen in the future might be very interesting.

(B) Is there anything we can do about this? Perhaps this is already addressed in your current book (which I intend to read, but haven't yet). In simple terms, how can We the People reign in the power of the executive, and get the pendulum moving back in the other direction?

Thanks.

-- ARG

Thank you for your estimable work and, particularly, today's column. This is one of the primary reasons this Democrat opposes a second Clinton presidency - that she will wrap herself in the mantle of executive privilege.

I also have ached for the question to be posed at the debates. Sen. Clinton has already shown - by her questioning of Petraeus and Crocker - that she has no problem with posing hypotheticals. She simply refuses to answer them. (A point I hope astute moderators will raise in future debates.)

Again, many thanks, Mr. Savage. I can't make your Chicago appearance (looks closed anyway). If you have the evening open, see if you can schedule an appearance at the Book Cellar (www.bookcellarinc.) - fabulous local independent.

If reporters got medals like soldiers do, your chest should be covered with them right now.

Clearly your work deserves the highest honors. And I only wish I had the words, the pristine laudatory speech, called for here. May the poverty of this comment stand in contrast to the importance of your own research and writing.

I too have worried continually about the constitution - since Dec. of 2000.

Thank you. Thank you. Thank you.

The first non-elected president in our history should have raised red flags - expropriated, not stolen, by way of the Constitution.

The second red flag should have been raised as it became obvious that the media was packed with hirelings who are merely stenographers to power peddling the WH talking points as news.

And then there are the economic policies that relentlessly manipulate the economy to advantage the very wealthy. Justice Brandeis said, "We can have a democracy or we can have great wealth concentrated in the hands of a few. We cannot have both."

All that you have said, Mr. Savage, makes perfect sense and I admire you for what must have been a lot of very hard work on your part. The only question remaining is whether there is enough spirit left in the American people to fight for their democracy, or, if they are even conscious enough to understand that they're losing it.

Mr. Savage proves that the MSM isn't a total loss. His book is probably the most important one to be published this year.

I have one quibble. In this post, Savage mentions (without endorsing) "the dangers and complexities of the modern world" as a possible justification for the imperial Presidency. From a historical perspective, this is utter nonsense. In the late 18th century, the Founders faced a world that was far more complex and dangerous than today's. The country seemed to be disintegrating as the common enemy (King George) was defeated and internal divisions came to the fore. Externally, we were less than a minor power, rather a pawn in a long struggle between two global superpowers (the British and French). We were assailed on all sides by aboriginal peoples with real grievances. International systems were weak to non-existent. Heck, even Islamic non-state terrorists were a more serious threat than they are today (Seriously, look it up. There's a reason the Marine Corps anthem mentions "the shores of Tripoli").

In spite of all that, the Founders chose to create a limited executive. I hope folks will consider that as they read Savage's book.

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