Obama, Bush, & FDR: Together Again<http://www.reason.com/blog/show/134418.html>

Posted on June 29, 2009, 9:04am | Nick
Gillespie<http://www.reason.com/staff/hitandrun/129.html>

Writing in the *Wash
Post*<http://www.washingtonpost.com/wp-dyn/content/article/2009/06/28/AR2009062802288.html?hpid=opinionsbox1>,
Brookings' Benjamin Wittes and Harvard's Jack Goldsmith are disappointed
with President Barack Obama's unilateralist view on detaining suspected
terrorists. They worry that he is simply following George W. Bush's bad
precedent:

Obama, to put it bluntly, seems poised for a nearly wholesale adoption of
the Bush administration's unilateral approach to detention. The attraction
is simple, seductive and familiar. The legal arguments for unilateralism are
strong in theory; past presidents in shorter, traditional wars did not seek
specific congressional input on detention. Securing such input for our
current war, it turns out, is still hard. The unilateral approach, by
contrast, lets the president define the rules in ways that are convenient
for him and then dares the courts to say no.

The authors suggest that Obama follow FDR's lead by getting congressional
input instead:

When Franklin D. Roosevelt sought congressional authorization for the
Lend-Lease program in January 1941, the isolationist-leaning nation was
evenly split over the proposal. After two months of sharp congressional
argument and national debate, almost two-thirds of the country supported
Lend-Lease, and Congress passed the program by large margins. "We have just
now engaged in a great debate," Roosevelt proclaimed. "It was not limited to
the halls of Congress. It was argued in every newspaper, on every
wavelength, over every cracker barrel in all the land; and it was finally
settled and decided by the American people themselves. Yes, the decisions of
our democracy may be slowly arrived at. But when that decision is made, it
is proclaimed not with the voice of any one man but with the voice of one
hundred and thirty millions. It is binding on us all. And the world is no
longer left in doubt."

It's really great to argue for more input when it comes to all aspects of
war, especially the waging of it in the first place. Wittes and Goldsmith
seem incredibly naive, however, in presuming that Congress is champing at
the bit to make any hard decisions. Recall that Congress did vote on an
authorization of force; recall also that Congress has shied away from
actually declaring war for many decades now. They might not like some
aspects of the Imperial Presidency, but they are also cowards when it comes
to the sort of decisions that they might actually be held accountable for.

In any case, citing FDR in this context strikes me a tin-eared to the
extreme. Didn't he use an executive order to intern what, 100,000 Japanese
Americans during World War II? That was a unilateralist action that had
moral support in Congress, sure, but was far worse than anything Bush or
Obama dreamed up, much less acted on. The order was also refused by Mountain
State governors, to their credit. Read Eric Muller's great Reason
piece<http://www.reason.com/news/show/36412.html>on that racially
driven hysterical legacy of FDR.

And watch Reason.tv on Obama's bad rendition and detention policies, which
have roots not only in the Bush admin but in Bill Clinton's:

 Permalink <http://www.reason.com/blog/show/134418.html> | 11
Comments<http://www.reason.com/blog/show/134418.html#comments>


On Mon, Jun 29, 2009 at 10:23 AM, Frederick The Moderate <
frederickshel...@gmail.com> wrote:

>
> Again, I don't have a problem with legally passed legislation. I don't
> like or approve of many of our laws. But when Bush was caught doing
> it, it wasn't legal.
>
> On Jun 29, 5:42 am, Keith In Tampa <keithinta...@gmail.com> wrote:
> > You mean the Democrat Congress' Electronic Eavesdroppong Bill, that was
> > passed in 2007?  The one that our current President supported and voted
> > for??
> >
> > On Sun, Jun 28, 2009 at 11:35 PM, Frederick The Moderate <
> >
> >
> >
> > frederickshel...@gmail.com> wrote:
> >
> > > So what do all those "Constitutionalists" Republicans and
> > > Conservatives think about his criminal acts in this regard?
> > > Or is the Constitution only important until it interferes with the GOP
> > > agenda?- Hide quoted text -
> >
> > - Show quoted text -
> >
>

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