Imagine a country with a different kind of monarch from the one we are used to. Forget the nation-binding human monarch whom Archbishop Rowan Williams praised so deftly this week. Imagine instead a monarch who, like many of Elizabeth II's ancestors, routinely reserved the right to override laws passed by the legislature, or who repeatedly asserted that the laws mean something they do not say. Imagine, in fact, King George of America.
On April 30 the Boston Globe journalist Charlie Savage wrote an article whose contents become more astonishing the more one reads them. Over the past five years, Savage reported, President George Bush has quietly claimed the authority to disobey more than 750 laws that have been enacted by the United States Congress since he took office. At the heart of Bush's strategy is the claim that the president has the power to set aside any statute that conflicts with his own interpretation of the constitution.
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Too late in the day for comfort, Bush's approach is coming under greater scrutiny. In February the bipartisan Constitution Project warned of "the risk of permanent and unchecked presidential power". Last week the American Bar Association announced an independent inquiry into the practice. A powerful article in the New York Review of Books by the veteran writer Elizabeth Drew has also given the subject higher saliency.
To their credit, even some Bush supporters are alarmed. If Bill Clinton had done what Bush is doing, the Republican senator Chuck Hagel has pointed out, Congress would be up in arms. If Bush were to bequeath the powers he claims to Hillary Clinton, the right would soon go berserk with indignation at the threat to American values. Which is why the most pertinent comment so far on the president's strategy has come from the anti-tax conservative Grover Norquist. He told Drew: "If you interpret the constitution's saying that the president is commander in chief to mean that the president can do anything he wants and can ignore the laws, you don't have a constitution: you have a king."
Well, that's what we have in all but name. The amazing thing is that he gets away with it given that his poll numbers are so low. An unpopular king but a king all the same.
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