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Title: Bush Has Crossed the Rubicon
Source:
Antiwar.com
URL Source: http://www.antiwar.com/roberts/?articleid=8395
Published: Jan 16, 2006
Author: Paul Craig Roberts
Post Date: 2006-01-16 08:17:58 by Zoroaster
Keywords: Crossed, Rubicon, Bush
Views: 191
Comments: 32
January 16, 2006 Bush Has Crossed the Rubicon by Paul Craig Roberts Dictatorships seldom appear full-fledged but emerge piecemeal. When Julius Caesar crossed the Rubicon with one Roman legion he broke the tradition that protected the civilian government from victorious generals and launched the transformation of the Roman Republic into the Roman Empire. Fearing that Caesar would become a king, the Senate assassinated him. From the civil wars that followed, Caesar's grandnephew, Octavian, emerged as the first Roman emperor, Caesar Augustus. Two thousand years later in Germany, Adolf Hitler's rise to dictator from his appointment as chancellor was rapid. Hitler used the Reichstag fire to create an atmosphere of crisis. Both the judicial and legislative branches of government collapsed, and Hitler's decrees became law. The Decree for the Protection of People and State (Feb. 28, 1933) suspended guarantees of personal liberty and permitted arrest and incarceration without trial. The Enabling Act (March 23, 1933) transferred legislative power to Hitler, permitting him to decree laws, laws moreover that "may deviate from the Constitution." The dictatorship of the Roman emperors was not based on an ideology. The Nazis had an ideology of sorts, but Hitler's dictatorship was largely personal and agenda-based. The dictatorship that emerged from the Bolshevik Revolution was based in ideology. Lenin declared that the Communist Party's dictatorship over the Russian people rests "directly on force, not limited by anything, not restricted by any laws, nor any absolute rules." Stalin's dictatorship over the Communist Party was based on coercion alone, unrestrained by any limitations or inhibitions. In this first decade of the 21st century, the United States regards itself as a land of democracy and civil liberty but, in fact, is an incipient dictatorship. Ideology plays only a limited role in the emerging dictatorship. The demise of American democracy is largely the result of historical developments. Lincoln was the first American tyrant. Lincoln justified his tyranny in the name of preserving the Union. His extralegal, extra-constitutional methods were tolerated in order to suppress Northern opposition to Lincoln's war against the Southern secession. The first major lasting assault on the U.S. Constitution's separation of powers, which is the basis for our political system, came with the response of the Roosevelt administration to the crisis of the Great Depression. The New Deal resulted in Congress delegating its legislative powers to the executive branch. Today when Congress passes a statute, it is little more than an authorization for an executive agency to make the law by writing the regulations that implement it. Prior to the New Deal, legislation was tightly written to minimize any executive branch interpretation. Only in this way can law be accountable to the people. If the executive branch that enforces the law also writes the law, "all legislative powers" are no longer vested in elected representatives in Congress. The Constitution is violated, and the separation of powers is breached. The principle that power delegated to Congress by the people cannot be delegated by Congress to the executive branch is the mainstay of our political system. Until President Roosevelt overturned this principle by threatening to pack the Supreme Court, the executive branch had no role in interpreting the law. As Justice John Marshall Harlan wrote: "That Congress cannot delegate legislative power to the president is a principle universally recognized as vital to the integrity and maintenance of the system of government ordained by the Constitution." Despite seven decades of an imperial presidency that has risen from the New Deal's breach of the separation of powers, Republican attorneys, who constitute the membership of the quarter-century-old Federalist Society, the candidate group for Republican nominees to federal judgeships, write tracts about the Imperial Congress and the Imperial Judiciary that are briefs for concentrating more power in the executive. Federalist Society members pretend that Congress and the judiciary have stolen all the power and run away with it. The Republican interest in strengthening executive power has its origin in agenda frustration from the constraints placed on Republican administrations by Democratic congresses. The thrust to enlarge the president's powers predates the Bush administration but is being furthered to a dangerous extent during Bush's second term. The confirmation of Bush's nominee, Samuel Alito, a member of the Federalist Society, to the Supreme Court will provide five votes in favor of enlarged presidential powers. President Bush has used "signing statements" hundreds of times to vitiate the meaning of statutes passed by Congress. In effect, Bush is vetoing the bills he signs into law by asserting unilateral authority as commander in chief to bypass or set aside the laws he signs. For example, Bush has asserted that he has the power to ignore the McCain amendment against torture, to ignore the law that requires a warrant to spy on Americans, to ignore the prohibition against indefinite detention without charges or trial, and to ignore the Geneva Conventions to which the U.S. is signatory. In effect, Bush is asserting the powers that accrued to Hitler in 1933. His Federalist Society apologists and Department of Justice appointees claim that President Bush has the same power to interpret the Constitution as the Supreme Court. An Alito Court is likely to agree with this false claim. Bush Justice Department official and Berkeley law professor John Yoo argues that no law can restrict the president in his role as commander in chief. Thus, once the president is at war – even a vague, open-ended "war on terror" – Bush's Justice Department says the president is free to undertake any action in pursuit of war, including the torture of children and the indefinite detention of American citizens. The commander in chief role is probably sufficiently elastic to expand to any crisis, whether real or fabricated. Thus has the U.S. arrived at the verge of dictatorship. This development has little to do with Bush, who is unlikely to be aware that the Constitution is experiencing its final rending on his watch. America's descent into dictatorship is the result of historical developments and of old political battles dating back to President Nixon being driven from office by a Democratic Congress. There is today no constitutional party. Both political parties, most constitutional lawyers, and the bar associations are willing to set aside the Constitution whenever it interferes with their agendas. Americans have forgotten the prerequisites for freedom, and those pursuing power have forgotten what it means when it falls into other hands. Americans are very close to losing their constitutional system and civil liberties. It is paradoxical that American democracy is the likely casualty of a "war on terror" that is being justified in the name of the expansion of democracy.
Poster Comment: A nation with a political system so corrupt that it elevates a moron of the privleged class to its highest office will not endure. America may not survive the Bush family.
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#1. To: Zoroaster (#0)
that is true. and paul craig roberts is a hero for simply doing what he's doing now.
the americans have proven that they are human. Human just like the germans of the NAZI era. human with horrible faults and failures. Human with pride and foolishness that keeps them from seeing what is going on. Human with greed and other vices that distract them. Human with delusions and an inability to avoid being deceived.
Paul Ping
"Our country is now geared to an arms economy bred in an artificially-induced psychosis of war hysteria and an incessant propaganda of fear." -- General Douglas MacArthur
In this first decade of the 21st century, the United States regards itself as a land of democracy and civil liberty but, in fact, is an incipient dictatorship. Ideology plays only a limited role in the emerging dictatorship. The demise of American democracy is largely the result of historical developments. President Bush has used "signing statements" hundreds of times to vitiate the meaning of statutes passed by Congress. In effect, Bush is asserting the powers that accrued to Hitler in 1933. Yoo argues that no law can restrict the president in his role as commander in chief. The commander in chief role is probably sufficiently elastic to expand to any crisis, whether real or fabricated. Thus has the U.S. arrived at the verge of dictatorship. Thanks for the ping.
If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy. Plenty of dolts have sat on a throne, and their monarchies usually survived them.
America freed herself from the British aristocracy in 1776. If George Bush and his handlers have their way, a new aristocracy of wealthy elite will effectually replace what began as a republic. Going back to square one is not survival but regression.
Life is a tragedy to those who feel, and a comedy to those who think.
Brilliant article! With American corporations being sold overseas & labor being out-sourced, America is being gutted to the point that someone can soon say, "America pandered tiself to the highest bidder - there is no more USA!"
So why didn't over 10 years of Republican power in the Congress change their thinking? Are they that slow to rethink their ideology? Why didn't the Republican leadership in Congress insist that they rethink their thinking? What view did these unitary executive theorists take of the impeachment of Clinton, and for that matter of the wholesale use of independent counsels during the Clinton presidency? Unitary executive theory = Nazis' Führerprinzip Ein Volk, ein Reich, ein Führer!
Even in the fourth century A.D., Roman legions still carried standards bearing the legend SPQR (The Senate and People of Rome, official name of the Roman Republic.)
Some even survived. from wiki: It does remind me of some large corporate product icon or signature.
If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy. It's not about partisan agendas; it's about the so-called "New World Order," led by a think-tank, scattered between Tel Aviv, London, New York and DC. The U.S. "Non-Government Organizations" (NGOs) tell the U.S. 'agents' [such as Cheney & Bush] what to do.
I'm listening to C-SPAN Radio's coverage of the speech that Al Gore is going to give on the constitutional crisis in this country. Bob Barr was just introduced, and is presumably about to speak.
I just tuned in...thanks for the reminder.
Bob Barr apparently not there! What the hell!
they will just keep presenting the image that our 'republic' functions with its voting system and constitution, but it is all a fraud. The people who rule over us have become horrible tyrants, the will of the Americans means nothing in the American nation. The dream of our founders' that the United States would facilitate the American people being sovereign in this nation has failed spectacularly. and the americans are too much like sheep to even figure it out. a little bit of window dressing from here on out and most will continue to be fooled.
Gore starting to speak. Barr apparently was to speak by live video feed, and they had a connection just before he was to speak. But somehow the connection was broken.
Gore: "The president of the United States has been breaking the law, repeatedly and insistently."
Oh my, they are getting desperate.
If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy. I'm still waiting for Gore to invoke the "I" word. Maybe Bob Barr will if they take care of his technical difficulties.
Gore called for an independent counsel and real congressional investigations. Those could be preparatory steps towards an impeachment.
exactly, Red.
I hope so. The C-SPAN coverage ended with Gore departing the stage, so I didn't get to hear anything from Bob Barr. Gore covered lots of ground in his speech. He really stuck it to the legislative branch of government as a bunch of subservients to the executive branch.
I remember before Y2K when some worried that Clinton would suspend the elections because of the Y2K "crisis" and remain in power indefinitely. I didn't take that seriously. But this guy? I think anything is possible, unfortunately
I'm new!
Welcome to 4 MacReady
Thanks! I've been lurking for months. A lot of good info is posted on this site and it seems free of Bushbot infection so far as I can tell.
I'm new!
At the time, I did. I also thought he might be the anti-christ. But, as evil as he is, clinton never did claim he should be dictator as has bush, has he?
laughing...we eradicate them quickly here!
Nope. He also didn't embrace torture, indefinite imprisonment and endless war either. I think Clinton got off on the rockstar-like celebrity aspect of being president more than anything. Bush strikes me as addicted to the power which is why he's continually seeking more.
I'm new!
Don't spare the clorox, if you please.
"Our country is now geared to an arms economy bred in an artificially-induced psychosis of war hysteria and an incessant propaganda of fear." -- General Douglas MacArthur
Yes! 4 is a bot free zone :P
we're immune to bush-bots. and they leave us alone.
we're immune to bush-bots. and they leave us alone. Awesome. They're not worth the time!
I'm new!
America may not survive the Bush family.
#2. To: Zoroaster (#0)
#3. To: Zoroaster, robin, time to build a boat, zipporah, starwind, tommythemadartist, arator, arete, indrid cold (#0)
#4. To: tom007, Red Jones, timetobuildaboat (#3)
The Nazis had an ideology of sorts, but Hitler's dictatorship was largely personal and agenda-based.
~James Madison
#5. To: Zoroaster (#0)
A nation with a political system so corrupt that it elevates a moron of the privleged class to its highest office will not endure.
#6. To: aristeides (#5)
Plenty of dolts have sat on a throne, and their monarchies usually survived them.
#7. To: Zoroaster, Christine, Diana, All (#0)
#8. To: Zoroaster (#0)
The Republican interest in strengthening executive power has its origin in agenda frustration from the constraints placed on Republican administrations by Democratic congresses. The thrust to enlarge the president's powers predates the Bush administration but is being furthered to a dangerous extent during Bush's second term. The confirmation of Bush's nominee, Samuel Alito, a member of the Federalist Society, to the Supreme Court will provide five votes in favor of enlarged presidential powers.
#9. To: SKYDRIFTER (#7)
#10. To: aristeides, SKYDRIFTER (#9)
~James Madison
#11. To: aristeides, Christine, Diana, Karen, Japedo, Don, War, Honway, Palo Verde, All (#8)
#12. To: Zoroaster (#0)
#13. To: aristeides (#12)
#14. To: Fred Mertz (#13)
#15. To: Zoroaster (#0)
#16. To: Fred Mertz (#13)
#17. To: Fred Mertz (#13)
#18. To: aristeides (#16)
Barr apparently was to speak by live video feed, and they had a connection just before he was to speak. But somehow the connection was broken.
~James Madison
#19. To: robin (#18)
#20. To: Fred Mertz (#19)
#21. To: Red Jones (#15)
they will just keep presenting the image that our 'republic' functions with its voting system and constitution, but it is all a fraud.
#22. To: aristeides (#20)
#23. To: Zoroaster (#0)
America may not survive the Bush family.
#24. To: MacReady (#23)
#25. To: Zipporah (#24)
Welcome to 4 MacReady
#26. To: MacReady (#23)
I remember before Y2K when some worried that Clinton would suspend the elections because of the Y2K "crisis" and remain in power indefinitely.
#27. To: MacReady (#25)
A lot of good info is posted on this site and it seems free of Bushbot infection
#28. To: christine (#26)
At the time, I did. I also thought he might be the anti-christ. But, as evil as he is, clinton never did claim he should be dictator as has bush, has he?
#29. To: christine (#27)
aughing...we eradicate them quickly here!
#30. To: MacReady (#25)
A lot of good info is posted on this site and it seems free of Bushbot infection so far as I can tell.
#31. To: MacReady (#25)
#32. To: Zipporah, Red Jones (#30)
Yes! 4 is a bot free zone :P
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