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The Worst President in History?
by SEAN WILENTZ, Rolling Stone Magazine

One of America's leading historians assesses George W. Bush

George W. Bush's presidency appears headed for colossal historical
disgrace. Barring a cataclysmic event on the order of the terrorist
attacks of September 11th, after which the public might rally around the
White House once again, there seems to be little the administration can do
to avoid being ranked on the lowest tier of U.S. presidents. And that may
be the best-case scenario. Many historians are now wondering whether Bush,
in fact, will be remembered as the very worst president in all of American
history.

>From time to time, after hours, I kick back with my colleagues at
Princeton to argue idly about which president really was the worst of them
all. For years, these perennial debates have largely focused on the same
handful of chief executives whom national polls of historians, from across
the ideological and political spectrum, routinely cite as the bottom of
the presidential barrel. Was the lousiest James Buchanan, who, confronted
with Southern secession in 1860, dithered to a degree that, as his most
recent biographer has said, probably amounted to disloyalty -- and who
handed to his successor, Abraham Lincoln, a nation already torn asunder?
Was it Lincoln's successor, Andrew Johnson, who actively sided with former
Confederates and undermined Reconstruction? What about the amiably
incompetent Warren G. Harding, whose administration was fabulously
corrupt? Or, though he has his defenders, Herbert Hoover, who tried some
reforms but remained imprisoned in his own outmoded individualist ethic
and collapsed under the weight of the stock-market crash of 1929 and the
Depression's onset? The younger historians always put in a word for
Richard M. Nixon, the only American president forced to resign from
office.

Now, though, George W. Bush is in serious contention for the title of
worst ever. In early 2004, an informal survey of 415 historians conducted
by the nonpartisan History News Network found that eighty-one percent
considered the Bush administration a "failure." Among those who called
Bush a success, many gave the president high marks only for his ability to
mobilize public support and get Congress to go along with what one
historian called the administration's "pursuit of disastrous policies." In
fact, roughly one in ten of those who called Bush a success was being
facetious, rating him only as the best president since Bill Clinton -- a
category in which Bush is the only contestant.

The lopsided decision of historians should give everyone pause. Contrary
to popular stereotypes, historians are generally a cautious bunch. We
assess the past from widely divergent points of view and are deeply
concerned about being viewed as fair and accurate by our colleagues. When
we make historical judgments, we are acting not as voters or even pundits,
but as scholars who must evaluate all the evidence, good, bad or
indifferent. Separate surveys, conducted by those perceived as
conservatives as well as liberals, show remarkable unanimity about who the
best and worst presidents have been.

Historians do tend, as a group, to be far more liberal than the citizenry
as a whole -- a fact the president's admirers have seized on to dismiss
the poll results as transparently biased. One pro-Bush historian said the
survey revealed more about "the current crop of history professors" than
about Bush or about Bush's eventual standing. But if historians were
simply motivated by a strong collective liberal bias, they might be
expected to call Bush the worst president since his father, or Ronald
Reagan, or Nixon. Instead, more than half of those polled -- and nearly
three-fourths of those who gave Bush a negative rating -- reached back
before Nixon to find a president they considered as miserable as Bush. The
presidents most commonly linked with Bush included Hoover, Andrew Johnson
and Buchanan. Twelve percent of the historians polled -- nearly as many as
those who rated Bush a success -- flatly called Bush the worst president
in American history. And these figures were gathered before the debacles
over Hurricane Katrina, Bush's role in the Valerie Plame leak affair and
the deterioration of the situation in Iraq. Were the historians polled
today, that figure would certainly be higher.

Even worse for the president, the general public, having once given Bush
the highest approval ratings ever recorded, now appears to be coming
around to the dismal view held by most historians. To be sure, the
president retains a considerable base of supporters who believe in and
adore him, and who reject all criticism with a mixture of disbelief and
fierce contempt -- about one-third of the electorate. (When the columnist
Richard Reeves publicized the historians' poll last year and suggested it
might have merit, he drew thousands of abusive replies that called him an
idiot and that praised Bush as, in one writer's words, "a Christian who
actually acts on his deeply held beliefs.") Yet the ranks of the true
believers have thinned dramatically. A majority of voters in forty-three
states now disapprove of Bush's handling of his job. Since the
commencement of reliable polling in the 1940s, only one twice-elected
president has seen his ratings fall as low as Bush's in his second term:
Richard Nixon, during the months preceding his resignation in 1974. No
two-term president since polling began has fallen from such a height of
popularity as Bush's (in the neighborhood of ninety percent, during the
patriotic upswell following the 2001 attacks) to such a low (now in the
midthirties). No president, including Harry Truman (whose ratings
sometimes dipped below Nixonian levels), has experienced such a virtually
unrelieved decline as Bush has since his high point. Apart from sharp but
temporary upticks that followed the commencement of the Iraq war and the
capture of Saddam Hussein, and a recovery during the weeks just before and
after his re-election, the Bush trend has been a profile in fairly steady
disillusionment.

* * * *

How does any president's reputation sink so low? The reasons are best
understood as the reverse of those that produce presidential greatness. In
almost every survey of historians dating back to the 1940s, three
presidents have emerged as supreme successes: George Washington, Abraham
Lincoln and Franklin D. Roosevelt. These were the men who guided the
nation through what historians consider its greatest crises: the founding
era after the ratification of the Constitution, the Civil War, and the
Great Depression and Second World War. Presented with arduous, at times
seemingly impossible circumstances, they rallied the nation, governed
brilliantly and left the republic more secure than when they entered
office.

Calamitous presidents, faced with enormous difficulties -- Buchanan,
Andrew Johnson, Hoover and now Bush -- have divided the nation, governed
erratically and left the nation worse off. In each case, different factors
contributed to the failure: disastrous domestic policies, foreign-policy
blunders and military setbacks, executive misconduct, crises of
credibility and public trust. Bush, however, is one of the rarities in
presidential history: He has not only stumbled badly in every one of these
key areas, he has also displayed a weakness common among the greatest
presidential failures -- an unswerving adherence to a simplistic ideology
that abjures deviation from dogma as heresy, thus preventing any pragmatic
adjustment to changing realities. Repeatedly, Bush has undone himself, a
failing revealed in each major area of presidential performance.

* * * *

THE CREDIBILITY GAP

No previous president appears to have squandered the public's trust more
than Bush has. In the 1840s, President James Polk gained a reputation for
deviousness over his alleged manufacturing of the war with Mexico and his
supposedly covert pro-slavery views. Abraham Lincoln, then an Illinois
congressman, virtually labeled Polk a liar when he called him, from the
floor of the House, "a bewildered, confounded and miserably perplexed man"
and denounced the war as "from beginning to end, the sheerest deception."
But the swift American victory in the war, Polk's decision to stick by his
pledge to serve only one term and his sudden death shortly after leaving
office spared him the ignominy over slavery that befell his successors in
the 1850s. With more than two years to go in Bush's second term and no
swift victory in sight, Bush's reputation will probably have no such
reprieve.

The problems besetting Bush are of a more modern kind than Polk's, suited
to the television age -- a crisis both in confidence and credibility. In
1965, Lyndon Johnson's Vietnam travails gave birth to the phrase
"credibility gap," meaning the distance between a president's professions
and the public's perceptions of reality. It took more than two years for
Johnson's disapproval rating in the Gallup Poll to reach fifty-two percent
in March 1968 -- a figure Bush long ago surpassed, but that was sufficient
to persuade the proud LBJ not to seek re-election. Yet recently, just
short of three years after Bush buoyantly declared "mission accomplished"
in Iraq, his disapproval ratings have been running considerably higher
than Johnson's, at about sixty percent. More than half the country now
considers Bush dishonest and untrustworthy, and a decisive plurality
consider him less trustworthy than his predecessor, Bill Clinton -- a
figure still attacked by conservative zealots as "Slick Willie."

Previous modern presidents, including Truman, Reagan and Clinton, managed
to reverse plummeting ratings and regain the public's trust by shifting
attention away from political and policy setbacks, and by overhauling the
White House's inner circles. But Bush's publicly expressed view that he
has made no major mistakes, coupled with what even the conservative
commentator William F. Buckley Jr. calls his "high-flown pronouncements"
about failed policies, seems to foreclose the first option. Upping the
ante in the Middle East and bombing Iranian nuclear sites, a strategy
reportedly favored by some in the White House, could distract the public
and gain Bush immediate political capital in advance of the 2006 midterm
elections -- but in the long term might severely worsen the already dire
situation in Iraq, especially among Shiite Muslims linked to the Iranians.
And given Bush's ardent attachment to loyal aides, no matter how
discredited, a major personnel shake-up is improbable, short of
indictments. Replacing Andrew Card with Joshua Bolten as chief of staff --
a move announced by the president in March in a tone that sounded more
like defiance than contrition -- represents a rededication to current
policies and personnel, not a serious change. (Card, an old Bush family
retainer, was widely considered more moderate than most of the men around
the president and had little involvement in policy-making.) The power of
Vice President Dick Cheney, meanwhile, remains uncurbed. Were Cheney to
announce he is stepping down due to health problems, normally a polite
pretext for a political removal, one can be reasonably certain it would be
because Cheney actually did have grave health problems.

* * * *

BUSH AT WAR

Until the twentieth century, American presidents managed foreign wars well
-- including those presidents who prosecuted unpopular wars. James Madison
had no support from Federalist New England at the outset of the War of
1812, and the discontent grew amid mounting military setbacks in 1813. But
Federalist political overreaching, combined with a reversal of America's
military fortunes and the negotiation of a peace with Britain, made
Madison something of a hero again and ushered in a brief so-called Era of
Good Feelings in which his Jeffersonian Republican Party coalition ruled
virtually unopposed. The Mexican War under Polk was even more unpopular,
but its quick and victorious conclusion redounded to Polk's favor -- much
as the rapid American victory in the Spanish-American War helped William
McKinley overcome anti-imperialist dissent.

The twentieth century was crueler to wartime presidents. After winning
re-election in 1916 with the slogan "He Kept Us Out of War," Woodrow
Wilson oversaw American entry into the First World War. Yet while the
doughboys returned home triumphant, Wilson's idealistic and politically
disastrous campaign for American entry into the League of Nations presaged
a resurgence of the opposition Republican Party along with a redoubling of
American isolationism that lasted until Pearl Harbor.

Bush has more in common with post-1945 Democratic presidents Truman and
Johnson, who both became bogged down in overseas military conflicts with
no end, let alone victory, in sight. But Bush has become bogged down in a
singularly crippling way. On September 10th, 2001, he held among the
lowest ratings of any modern president for that point in a first term.
(Only Gerald Ford, his popularity reeling after his pardon of Nixon, had
comparable numbers.) The attacks the following day transformed Bush's
presidency, giving him an extraordinary opportunity to achieve greatness.
Some of the early signs were encouraging. Bush's simple, unflinching
eloquence and his quick toppling of the Taliban government in Afghanistan
rallied the nation. Yet even then, Bush wasted his chance by quickly
choosing partisanship over leadership.

No other president -- Lincoln in the Civil War, FDR in World War II, John
F. Kennedy at critical moments of the Cold War -- faced with such a
monumental set of military and political circumstances failed to embrace
the opposing political party to help wage a truly national struggle. But
Bush shut out and even demonized the Democrats. Top military advisers and
even members of the president's own Cabinet who expressed any reservations
or criticisms of his policies -- including retired Marine Corps Gen.
Anthony Zinni and former Treasury Secretary Paul O'Neill -- suffered
either dismissal, smear attacks from the president's supporters or
investigations into their alleged breaches of national security. The wise
men who counseled Bush's father, including James Baker and Brent
Scowcroft, found their entreaties brusquely ignored by his son. When asked
if he ever sought advice from the elder Bush, the president responded,
"There is a higher Father that I appeal to."

All the while, Bush and the most powerful figures in the administration,
Vice President Dick Cheney and Defense Secretary Donald Rumsfeld, were
planting the seeds for the crises to come by diverting the struggle
against Al Qaeda toward an all-out effort to topple their pre-existing
target, Saddam Hussein. In a deliberate political decision, the
administration stampeded the Congress and a traumatized citizenry into the
Iraq invasion on the basis of what has now been demonstrated to be
tendentious and perhaps fabricated evidence of an imminent Iraqi threat to
American security, one that the White House suggested included nuclear
weapons. Instead of emphasizing any political, diplomatic or humanitarian
aspects of a war on Iraq -- an appeal that would have sounded too
"sensitive," as Cheney once sneered -- the administration built a "Bush
Doctrine" of unprovoked, preventive warfare, based on speculative threats
and embracing principles previously abjured by every previous generation
of U.S. foreign policy-makers, even at the height of the Cold War. The
president did so with premises founded, in the case of Iraq, on wishful
thinking. He did so while proclaiming an expansive Wilsonian rhetoric of
making the world safe for democracy -- yet discarding the multilateralism
and systems of international law (including the Geneva Conventions) that
emanated from Wilson's idealism. He did so while dismissing intelligence
that an American invasion could spark a long and bloody civil war among
Iraq's fierce religious and ethnic rivals, reports that have since proved
true. And he did so after repeated warnings by military officials such as
Gen. Eric Shinseki that pacifying postwar Iraq would require hundreds of
thousands of American troops -- accurate estimates that Paul Wolfowitz and
other Bush policy gurus ridiculed as "wildly off the mark."

When William F. Buckley, the man whom many credit as the founder of the
modern conservative movement, writes categorically, as he did in February,
that "one can't doubt that the American objective in Iraq has failed,"
then something terrible has happened. Even as a brash young iconoclast,
Buckley always took the long view. The Bush White House seems incapable of
doing so, except insofar as a tiny trusted circle around the president
constantly reassures him that he is a messianic liberator and profound
freedom fighter, on a par with FDR and Lincoln, and that history will
vindicate his every act and utterance.

* * * *

BUSH AT HOME

Bush came to office in 2001 pledging to govern as a "compassionate
conservative," more moderate on domestic policy than the dominant right
wing of his party. The pledge proved hollow, as Bush tacked immediately to
the hard right. Previous presidents and their parties have suffered when
their actions have belied their campaign promises. Lyndon Johnson is the
most conspicuous recent example, having declared in his 1964 run against
the hawkish Republican Barry Goldwater that "we are not about to send
American boys nine or ten thousand miles away from home to do what Asian
boys ought to be doing for themselves." But no president has surpassed
Bush in departing so thoroughly from his original campaign persona.

The heart of Bush's domestic policy has turned out to be nothing more than
a series of massively regressive tax cuts -- a return, with a vengeance,
to the discredited Reagan-era supply-side faith that Bush's father once
ridiculed as "voodoo economics." Bush crowed in triumph in February 2004,
"We cut taxes, which basically meant people had more money in their
pocket." The claim is bogus for the majority of Americans, as are claims
that tax cuts have led to impressive new private investment and job
growth. While wiping out the solid Clinton-era federal surplus and raising
federal deficits to staggering record levels, Bush's tax policies have
necessitated hikes in federal fees, state and local taxes, and co-payment
charges to needy veterans and families who rely on Medicaid, along with
cuts in loan programs to small businesses and college students, and in a
wide range of state services. The lion's share of benefits from the tax
cuts has gone to the very richest Americans, while new business investment
has increased at a historically sluggish rate since the peak of the last
business cycle five years ago. Private-sector job growth since 2001 has
been anemic compared to the Bush administration's original forecasts and
is chiefly attributable not to the tax cuts but to increased federal
spending, especially on defense. Real wages for middle-income Americans
have been dropping since the end of 2003: Last year, on average, nominal
wages grew by only 2.4 percent, a meager gain that was completely erased
by an average inflation rate of 3.4 percent.

The monster deficits, caused by increased federal spending combined with
the reduction of revenue resulting from the tax cuts, have also placed
Bush's administration in a historic class of its own with respect to
government borrowing. According to the Treasury Department, the forty-two
presidents who held office between 1789 and 2000 borrowed a combined total
of $1.01 trillion from foreign governments and financial institutions. But
between 2001 and 2005 alone, the Bush White House borrowed $1.05 trillion,
more than all of the previous presidencies combined. Having inherited the
largest federal surplus in American history in 2001, he has turned it into
the largest deficit ever -- with an even higher deficit, $423 billion,
forecast for fiscal year 2006. Yet Bush -- sounding much like Herbert
Hoover in 1930 predicting that "prosperity is just around the corner" --
insists that he will cut federal deficits in half by 2009, and that the
best way to guarantee this would be to make permanent his tax cuts, which
helped cause the deficit in the first place!

The rest of what remains of Bush's skimpy domestic agenda is either failed
or failing -- a record unmatched since the presidency of Herbert Hoover.
The No Child Left Behind educational-reform act has proved so unwieldy,
draconian and poorly funded that several states -- including Utah, one of
Bush's last remaining political strongholds -- have fought to opt out of
it entirely. White House proposals for immigration reform and a
guest-worker program have succeeded mainly in dividing pro-business
Republicans (who want more low-wage immigrant workers) from
paleo-conservatives fearful that hordes of Spanish-speaking newcomers will
destroy American culture. The paleos' call for tougher anti-immigrant laws
-- a return to the punitive spirit of exclusion that led to the notorious
Immigration Act of 1924 that shut the door to immigrants from Southern and
Eastern Europe -- has in turn deeply alienated Hispanic voters from the
Republican Party, badly undermining the GOP's hopes of using them to build
a permanent national electoral majority. The recent pro-immigrant
demonstrations, which drew millions of marchers nationwide, indicate how
costly the Republican divide may prove.

The one noncorporate constituency to which Bush has consistently deferred
is the Christian right, both in his selections for the federal bench and
in his implications that he bases his policies on premillennialist,
prophetic Christian doctrine. Previous presidents have regularly invoked
the Almighty. McKinley is supposed to have fallen to his knees, seeking
divine guidance about whether to take control of the Philippines in 1898,
although the story may be apocryphal. But no president before Bush has
allowed the press to disclose, through a close friend, his startling
belief that he was ordained by God to lead the country. The White House's
sectarian positions -- over stem-cell research, the teaching of
pseudoscientific "intelligent design," global population control, the
Terri Schiavo spectacle and more -- have led some to conclude that Bush
has promoted the transformation of the GOP into what former Republican
strategist Kevin Phillips calls "the first religious party in U.S.
history."

Bush's faith-based conception of his mission, which stands above and
beyond reasoned inquiry, jibes well with his administration's pro-business
dogma on global warming and other urgent environmental issues. While
forcing federally funded agencies to remove from their Web sites
scientific information about reproductive health and the effectiveness of
condoms in combating HIV/AIDS, and while peremptorily overruling staff
scientists at the Food and Drug Administration on making emergency
contraception available over the counter, Bush officials have censored and
suppressed research findings they don't like by the Environmental
Protection Agency, the Fish and Wildlife Service and the Department of
Agriculture. Far from being the conservative he said he was, Bush has
blazed a radical new path as the first American president in history who
is outwardly hostile to science -- dedicated, as a distinguished,
bipartisan panel of educators and scientists (including forty-nine Nobel
laureates) has declared, to "the distortion of scientific knowledge for
partisan political ends."

The Bush White House's indifference to domestic problems and science alike
culminated in the catastrophic responses to Hurricane Katrina. Scientists
had long warned that global warming was intensifying hurricanes, but Bush
ignored them -- much as he and his administration sloughed off warnings
from the director of the National Hurricane Center before Katrina hit.
Reorganized under the Department of Homeland Security, the once efficient
Federal Emergency Management Agency turned out, under Bush, to have become
a nest of cronyism and incompetence. During the months immediately after
the storm, Bush traveled to New Orleans eight times to promise massive
rebuilding aid from the federal government. On March 30th, however, Bush's
Gulf Coast recovery coordinator admitted that it could take as long as
twenty-five years for the city to recover.

Karl Rove has sometimes likened Bush to the imposing, no-nonsense
President Andrew Jackson. Yet Jackson took measures to prevent those he
called "the rich and powerful" from bending "the acts of government to
their selfish purposes." Jackson also gained eternal renown by saving New
Orleans from British invasion against terrible odds. Generations of
Americans sang of Jackson's famous victory. In 1959, Johnny Horton's
version of "The Battle of New Orleans" won the Grammy for best country &
western performance. If anyone sings about George W. Bush and New Orleans,
it will be a blues number.

* * * *

PRESIDENTIAL MISCONDUCT

Virtually every presidential administration dating back to George
Washington's has faced charges of misconduct and threats of impeachment
against the president or his civil officers. The alleged offenses have
usually involved matters of personal misbehavior and corruption, notably
the payoff scandals that plagued Cabinet officials who served presidents
Harding and Ulysses S. Grant. But the charges have also included alleged
usurpation of power by the president and serious criminal conduct that
threatens constitutional government and the rule of law -- most
notoriously, the charges that led to the impeachments of Andrew Johnson
and Bill Clinton, and to Richard Nixon's resignation.

Historians remain divided over the actual grievousness of many of these
allegations and crimes. Scholars reasonably describe the graft and
corruption around the Grant administration, for example, as gargantuan,
including a kickback scandal that led to the resignation of Grant's
secretary of war under the shadow of impeachment. Yet the scandals
produced no indictments of Cabinet secretaries and only one of a White
House aide, who was acquitted. By contrast, the most scandal-ridden
administration in the modern era, apart from Nixon's, was Ronald Reagan's,
now widely remembered through a haze of nostalgia as a paragon of virtue.
A total of twenty-nine Reagan officials, including White House national
security adviser Robert McFarlane and deputy chief of staff Michael
Deaver, were convicted on charges stemming from the Iran-Contra affair,
illegal lobbying and a looting scandal inside the Department of Housing
and Urban Development. Three Cabinet officers -- HUD Secretary Samuel
Pierce, Attorney General Edwin Meese and Secretary of Defense Caspar
Weinberger -- left their posts under clouds of scandal. In contrast, not a
single official in the Clinton administration was even indicted over his
or her White House duties, despite repeated high-profile investigations
and a successful, highly partisan impeachment drive.

The full report, of course, has yet to come on the Bush administration.
Because Bush, unlike Reagan or Clinton, enjoys a fiercely partisan and
loyal majority in Congress, his administration has been spared scrutiny.
Yet that mighty advantage has not prevented the indictment of Vice
President Dick Cheney's chief of staff, I. Lewis "Scooter" Libby, on
charges stemming from an alleged major security breach in the Valerie
Plame matter. (The last White House official of comparable standing to be
indicted while still in office was Grant's personal secretary, in 1875.)
It has not headed off the unprecedented scandal involving Larry Franklin,
a high-ranking Defense Department official, who has pleaded guilty to
divulging classified information to a foreign power while working at the
Pentagon -- a crime against national security. It has not forestalled the
arrest and indictment of Bush's top federal procurement official, David
Safavian, and the continuing investigations into Safavian's intrigues with
the disgraced Republican lobbyist Jack Abramoff, recently sentenced to
nearly six years in prison -- investigations in which some prominent
Republicans, including former Christian Coalition executive director Ralph
Reed (and current GOP aspirant for lieutenant governor of Georgia) have
already been implicated, and could well produce the largest congressional
corruption scandal in American history. It has not dispelled the cloud of
possible indictment that hangs over others of Bush's closest advisers.

History may ultimately hold Bush in the greatest contempt for expanding
the powers of the presidency beyond the limits laid down by the U.S.
Constitution. There has always been a tension over the constitutional
roles of the three branches of the federal government. The Framers
intended as much, as part of the system of checks and balances they
expected would minimize tyranny. When Andrew Jackson took drastic measures
against the nation's banking system, the Whig Senate censured him for
conduct "dangerous to the liberties of the people." During the Civil War,
Abraham Lincoln's emergency decisions to suspend habeas corpus while
Congress was out of session in 1861 and 1862 has led some Americans, to
this day, to regard him as a despot. Richard Nixon's conduct of the war in
Southeast Asia and his covert domestic-surveillance programs prompted
Congress to pass new statutes regulating executive power.

By contrast, the Bush administration -- in seeking to restore what Cheney,
a Nixon administration veteran, has called "the legitimate authority of
the presidency" -- threatens to overturn the Framers' healthy tension in
favor of presidential absolutism. Armed with legal findings by his
attorney general (and personal lawyer) Alberto Gonzales, the Bush White
House has declared that the president's powers as commander in chief in
wartime are limitless. No previous wartime president has come close to
making so grandiose a claim. More specifically, this administration has
asserted that the president is perfectly free to violate federal laws on
such matters as domestic surveillance and the torture of detainees. When
Congress has passed legislation to limit those assertions, Bush has
resorted to issuing constitutionally dubious "signing statements," which
declare, by fiat, how he will interpret and execute the law in question,
even when that interpretation flagrantly violates the will of Congress.
Earlier presidents, including Jackson, raised hackles by offering their
own view of the Constitution in order to justify vetoing congressional
acts. Bush doesn't bother with that: He signs the legislation (eliminating
any risk that Congress will overturn a veto), and then governs how he
pleases -- using the signing statements as if they were line-item vetoes.
In those instances when Bush's violations of federal law have come to
light, as over domestic surveillance, the White House has devised a novel
solution: Stonewall any investigation into the violations and bid a
compliant Congress simply to rewrite the laws.

Bush's alarmingly aberrant take on the Constitution is ironic. One need go
back in the record less than a decade to find prominent Republicans
railing against far more minor presidential legal infractions as
precursors to all-out totalitarianism. "I will have no part in the
creation of a constitutional double-standard to benefit the president,"
Sen. Bill Frist declared of Bill Clinton's efforts to conceal an illicit
sexual liaison. "No man is above the law, and no man is below the law --
that's the principle that we all hold very dear in this country," Rep. Tom
DeLay asserted. "The rule of law protects you and it protects me from the
midnight fire on our roof or the 3 a.m. knock on our door," warned Rep.
Henry Hyde, one of Clinton's chief accusers. In the face of Bush's more
definitive dismissal of federal law, the silence from these quarters is
deafening.

The president's defenders stoutly contend that war-time conditions fully
justify Bush's actions. And as Lincoln showed during the Civil War, there
may be times of military emergency where the executive believes it
imperative to take immediate, highly irregular, even unconstitutional
steps. "I felt that measures, otherwise unconstitutional, might become
lawful," Lincoln wrote in 1864, "by becoming indispensable to the
preservation of the Constitution, through the preservation of the nation."
Bush seems to think that, since 9/11, he has been placed, by the grace of
God, in the same kind of situation Lincoln faced. But Lincoln, under
pressure of daily combat on American soil against fellow Americans, did
not operate in secret, as Bush has. He did not claim, as Bush has, that
his emergency actions were wholly regular and constitutional as well as
necessary; Lincoln sought and received Congressional authorization for his
suspension of habeas corpus in 1863. Nor did Lincoln act under the
amorphous cover of a "war on terror" -- a war against a tactic, not a
specific nation or political entity, which could last as long as any
president deems the tactic a threat to national security. Lincoln's
exceptional measures were intended to survive only as long as the
Confederacy was in rebellion. Bush's could be extended indefinitely, as
the president sees fit, permanently endangering rights and liberties
guaranteed by the Constitution to the citizenry.

* * * *

Much as Bush still enjoys support from those who believe he can do no
wrong, he now suffers opposition from liberals who believe he can do no
right. Many of these liberals are in the awkward position of having
supported Bush in the past, while offering little coherent as an
alternative to Bush's policies now. Yet it is difficult to see how this
will benefit Bush's reputation in history.

The president came to office calling himself "a uniter, not a divider" and
promising to soften the acrimonious tone in Washington. He has had two
enormous opportunities to fulfill those pledges: first, in the noisy
aftermath of his controversial election in 2000, and, even more, after the
attacks of September 11th, when the nation pulled behind him as it has
supported no other president in living memory. Yet under both sets of
historically unprecedented circumstances, Bush has chosen to act in ways
that have left the country less united and more divided, less conciliatory
and more acrimonious -- much like James Buchanan, Andrew Johnson and
Herbert Hoover before him. And, like those three predecessors, Bush has
done so in the service of a rigid ideology that permits no deviation and
refuses to adjust to changing realities. Buchanan failed the test of
Southern secession, Johnson failed in the face of Reconstruction, and
Hoover failed in the face of the Great Depression. Bush has failed to
confront his own failures in both domestic and international affairs,
above all in his ill-conceived responses to radical Islamic terrorism.
Having confused steely resolve with what Ralph Waldo Emerson called "a
foolish consistency . . . adored by little statesmen," Bush has become
entangled in tragedies of his own making, compounding those visited upon
the country by outside forces.

No historian can responsibly predict the future with absolute certainty.
There are too many imponderables still to come in the two and a half years
left in Bush's presidency to know exactly how it will look in 2009, let
alone in 2059. There have been presidents -- Harry Truman was one -- who
have left office in seeming disgrace, only to rebound in the estimates of
later scholars. But so far the facts are not shaping up propitiously for
George W. Bush. He still does his best to deny it. Having waved away the
lessons of history in the making of his decisions, the present-minded Bush
doesn't seem to be concerned about his place in history. "History. We
won't know," he told the journalist Bob Woodward in 2003. "We'll all be
dead."

Another president once explained that the judgments of history cannot be
defied or dismissed, even by a president. "Fellow citizens, we cannot
escape history," said Abraham Lincoln. "We of this Congress and this
administration, will be remembered in spite of ourselves. No personal
significance, or insignificance, can spare one or another of us. The fiery
trial through which we pass, will light us down, in honor or dishonor, to
the latest generation."

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