Issue #51

Last Update May 5, 2007

Commentary January 19, 2007  The House of Representatives has delivered on Nancy Pelosi's promise to enact significant legislation in the first 100 hours of Democratic control. This is a good sign; the near-death inaction of Congress over the last 6 years seems to be over. Far more important, however, than minimum wage legislation, new ethics rules for congressmen,  or reduction of school-loan interest rates is the restoration of constitutional democracy in the United States. In our December 1 Commentary we listed 11 actions that Congress must take to restore our freedoms and rein in an out-of-control President. These actions are as necessary as ever, since Mr. Bush shows little sign of understanding the meaning of the electoral loss undergone by Republications last November. Other than some changes in rhetoric and the withdrawal of judicial appointments that there was no chance of the Senate confirming anyway, it is business as usual for the Imperial President. Out of fear (or excessive caution) the Democrats have taken impeachment off the table. This is exactly the wrong way to deal with Mr. Bush. 

Take, for example, the toothless “sense of the Senate” resolution now being debated, which would express the legislature's displeasure with the Iraq “surge” policy now being implemented. Both houses should indeed pass a resolution regarding war, not only Iraq, but also the Iran war that Bush seems to be beating the drums for. This resolution should merely say that according to the Constitution only Congress has the power to declare war; that without a Congressional declaration of war and absent an actual attack on the United States by a sovereign state any military action taken would be an impeachable offense. Furthermore, since Congress has the power to declare war, Congress must therefore also have the power to end war; the President, as Commander in Chief is bound by Congressional action in this regard, and that failure to follow such a mandate is also an impeachable offense. 

The House of Representatives, as originators of money bills, could, if it wants to, avoid charges of endangering our troops by not approving appropriations in support of the Iraq war or its expansion by approving such funding, but in a fit of fiscal responsibility, could find these funds by cutting funding for White House staff, Vice Presidential staff, and other areas of interest to the President. He could, of course, veto such a bill, but then the onus for not funding our troops would fall on him, not the Democratic-led Congress. 

It is important that Republicans realize that, along with undermining our republic, Bush is undermining the Republican Party. They are best situated to rein him in, and, if our freedoms mean anything to them, lead the impeachment fight if need be. 

Our 11 point program for restoring basic rights: habeas corpus, freedom from torture, the right to judicial review, an end to dismantling of the courts, freedom from governmental spying without court approval, etc., is more important than ever. These are not far-out, wild-eyed proposals; they represent a last-ditch attempt to restore our country to what we (Republicans and Democrats alike) always believed it was. In that sense, these 11 action items are conservative in the truest sense. Enacting these measures should be the House and Senate's most urgent business. 

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