Tuesday, December 27, 2005

Expect a Contentious and Argumentative 2006

Excerpts from an opinion piece published by the Christian Science Monitor

In the process of declaring war on terrorism and terrorists and, of course, terror in general, the Bush administration has, inadvertently or not, declared war on the other two branches of government and they are not amused. So expect a contentious and argumentative 2006.

The revelation that the administration, without the court's approval, ordered the National Security Agency (NSA) to tap phone calls and monitor e-mails going in and out of the country has led to a revolt by the judiciary and the Congress.

The most vexing fallout for the White House at the moment is the extremely short-term renewal of the Patriot Act in the Congress. The law will be open for discussion again in five weeks, which is when the Hill will begin to debate the NSA phone-tapping, and the mood will almost certainly grow sourer as the revelations continue to drip out.

None of this should be unexpected. There are, according to the Constitution, three coequal branches of government in the United States and when one of them starts stepping on the others' toes, there are going to be problems.Immediately after 9/11 a lot of concessions were made to the executive branch, but times change, the norm reasserts itself and people begin to have second thoughts - in both parties there's nothing saying the next president will be a Republican and that is almost certainly weighing on GOP minds.

Of course, it is a time of war, and in times of war the executive branch usually cites the need for special powers to keep the country safe. The inevitable parallels have already been drawn between the "war on terror" and other conflicts - World War I, World War II, the Civil War - but there are some notable differences in this war and they mean the usual claims of special powers, and particularly extraordinary ones, will be a hard sell.

The US is at war with no country or government this time around. There is no "front" in the traditional sense. There will be no peace treaty signed when the battle is done. And it is unclear whether we'll even know when the battle is actually done. The "war on terror" will go on for years, likely decades.And all of that means the extension of any special powers could become largely permanent if they are not challenged. Congress and the courts aren't happy about signing over powers for any amount of time, but indefinitely? Not likely.

Read the full opinion article here:
http://www.csmonitor.com/2005/1227/p09s02-codc.html