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Takeover: The Return of the Imperial Presidency and the Subversion of American Democracy ReviewThere have been lots of books about the Bush-Cheney administration, and considerable coverage of efforts to increase presidential power. However, "Takeover's" well-researched, thoughtful and important material requires no outside leverage to gain a prominent spot amongst them.
Savage's summary asserts that Bush-Cheney have succeeded in seizing vast powers for the presidency by ignoring many of the restraints placed on it by Congress, the courts, and the Constitution. Warrantless waretapping, politicization of the Justice Department and the torture debate, use of "signing statements" to claim a right to defy new laws, efforts to impose greater control over military JAG lawyers, secrecy behind Cheney's energy task force (and innumerable other government actions), and holding U.S. citizens without trial as "enemy combatants" have all served this end.
Savage clearly sees Cheney as the force behind these moves, citing Cheney's earlier experiences and actions in government, beginning in the Nixon administration within the Office of Economic Opportunity with Don Rumsfeld, on to episodes of classified information disclosure (eg. illegal CIA spying on Americans, U.S. submarines eavesdropping on Soviet cables), Cheney's restricting access to President Ford by those with competing viewpoints (also reduced likelihood of leaks), and efforts within Congress to support Reagan-Bush power grabs (eg. forcing executive agencies to submit proposed rules to the White House before they could take effect).
The Bush-Cheney powergrab began immediately upon assuming the office. White House Counsel Gonzales was assigned a support role almost on the administration's opening day. September 11 clearly was a God-send to the Bush-Cheney efforts - protecting national security became the all-purpose rationale for more secrecy and more presidential power. However, it was not until January, 2002 that Cheney openly took ownership of the agenda to expand these powers.
Secrecy was extended wherever possible, even to rather mundane topics under the logic that even little pieces could be put together to provide information to terrorists. Republican congressional leadership was only too willing to assist by failing to oversee executive actions, and even restricting congressmen from mentioning the contents of intelligence authorization bills, for fear of criminal prosecution and expulsion. The administration also succeeded in shutting down embarrassing court cases (eg. claiming failure to pursue espionage) on the grounds of needed secrecy. Finally, suppressing scientific findings and rewriting reports has also been a major Bush secrecy tool.
Bush's power-grab even included abrogating signed international treaties. One of the administration's earliest actions was informing the Soviets that we would no longer be bound by the 1972 ABM treaty. The Geneva Accords followed, described as "quaint" by Gonzales, was later circumvented through a number of actions - Guantanamo and Abu Ghraib imprisonments, secret renditions, torture, plans for military tribunals at which defendants would not necessarily know what the evidence was against them, over-ruling JAG leadership, etc.
One of the best-known actions was Gonzales' effort to get A.G. Ashcroft to approve the administration's wiretapping program legality - while Ashcroft was under heavy sedation in an ICU bed. Ashcroft stood by his earlier refusal, while also reaffirming that he was no longer A.G. - he had temporarily ceded his power while in the hospital. (Bush authorized the program anyway. No wonder Ashcroft was booted at the beginning of Bush's second term!)
By the seventh year of Bush-Cheney, Bush had attached signing statements to about 150 bills and referenced 1,100 sections. (The latter figure compares to about 600 for all prior presidents. To be fair, Reagan was the primary prior promulgator.) During this same period, Bush vetoed only two bills. Those puzzled by the discrepancy soon realized that Bush's actions were equivalent to a line-item veto - banned by the Supreme Court in 1998, though supported by future Supreme Court Justice Samuel Alito in a memo where he advocated implementation in slow motion so that opponents would be less likely to realize what was happening.
"Signing statements" have also been used by Bush as a means of controlling subordinates in the executive branch (another dimension of the Unitary Executive), and a way of combating "veto-proof" bills. All new bills are now reviewed by Cheney's staff for possible signing statements.
Why have signing statements continued? Savage contends that it is difficult to contest them in court, between all the administration's secrecy and the general inability to acquire legal standing.
So now we have a much-weakened system of government, per Savage. The question is "What will happen in the future?" These new tools lie ready to be used in any new "important cause," and may not be willingly put aside. In the meantime, our civics books are clearly out of date.
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