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Legal Commentary

: Balkinization

Is a totally unaccountable president the same thing as a "dictator"? You decide.

By Jack M. Balkin

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From Dan Froomkin's invaluable column in the Washington Post, this one titled "One Last Bush doctrine," on the incursion into Syria:

The Los Angeles Times editorial board writes: "Some pundits have suggested that the attack is a parting shot from President Bush, his last attempt to exact vengeance on a longtime rival before leaving office. That's a bit cynical even for Bush critics, including this page, but it's notable that in the closing months of the administration, the military has grown considerably more aggressive in pursuing foreign insurgents -- especially in Pakistan, where U.S. attacks across the Afghanistan border have become almost commonplace. Bush, it appears, is conducting yet another experiment in Middle Eastern cowboy diplomacy, with the advantage (for him) that if it
all blows up, someone else will have to pick up the pieces."

Isn't it wonderful to have a completely unaccountable president, who needn't even fear impeachment given the time it would take for the House to impeach and the Senate to convict. What do we call completely unaccountable political leaders who feel no hesitation about engaging in adventurist use of the military? Just asking.....

As for Pakistan, Marvin G. Weinbaum writes in a Washington Post op-ed: "In its eagerness to reverse the mounting insurgency in Afghanistan, the United States has embarked on a policy course that could shatter our vital strategic partnership with Pakistan. By allowing American combat forces to freely conduct raids into Pakistani territory, a move that President Bush authorized in July, the United States intends to pressure Pakistani leaders to step up the fight against militants ensconced in the borderlands. But this policy threatens cooperation between the two countries, possibly to the breaking point."

I wonder if Mr. Bush consulted with either John McCain or Barack Obama about the possibility of leaving our relationship with Pakistan in shards as a result of Bush's actions. I suppose he doesn't really have to, since neither of them will have the slightest legal authority until January 20, 2009. Don't we really have a marvelous Constitution that allows Mr. Bush such untrammelled legal powers until that date? Wouldn't it be far, far better if there were people calling on Mr. Bush and Mr. Cheney to resign than the spent volcano Ted Stevens, who really can't do very much, if anything, to harm the country in the presumably two remaining months of his term (assuming that the people of Alaska reject him next Tuesday)? There really are worse things than being governed by a criminal.

Full post as published by Balkinization on October 29, 2008 (boomark / email).

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