The Boston Globe has an article by Charlie Savage – the journalist whose investigation first brought President Bush's use of signing statements to light – about the various positions by Democratic and Republican candidates on executive powers. Here are a few of the most direct answers to critically important questions that the tenure of the Bush administration has raised to date.
4. Under what circumstances, if any, would you sign a bill into law but also issue a signing statement reserving a constitutional right to bypass the law?
Never. If I thought it was unconstitutional, I would turn to the Courts, which is what our founding fathers expected and provided for in cases of Executive-Congressional differences.
5. Does the Constitution permit a president to detain US citizens without charges as unlawful enemy combatants?
No.
6. Does executive privilege cover testimony or documents about decision-making within the executive branch not involving confidential advice communicated to the president himself?
No.
What's remarkable, I think, is that Senator Dodd's dedication to upholding the Constitution and the balance of powers requires this sort of answer to these sorts of questions, though you won't see the GOP candidates or top Republican talking heads giving the same consideration to these issues. Standing up for the rule of law makes us more safe at home. We need a President who will stand up for these issues, even if it means rolling back some of the powers and practices used by the Bush administration in contravention to the Constitution and at the expense of the balance of powers between the executive, legislative, and judiciary branch.
At a time when our constitution is in such crisis, the symptoms of which can be seen in every aspect of our politics and our government, there is one quote that sticks out to me above all others:
“I don't know if we have had a president that knows as much about the founding document as he does.” – Professor Cass Sunstein, University of Chicago
This Wednesday at 8PM Eastern, the Republican Presidential candidates will be holding their own YouTube debate. Similar to the Democratic version in South Carolina in July, the candidates will be asked questions via YouTube videos. YouTube accepted thousands of videos and those submissions will be winnowed down to a handful that are presented as questions for the GOP. Senator Dodd jumped on the opportunity to ask the Republican field a question about the issue that matters most to him: protecting our Constitution.
Here's a transcript of Dodd's question:
Hi I'm Chris Dodd. I'm from East Haddam, Connecticut and my family and I are spending a little time in Iowa these days.
I have a question about the Constitution.
Many Americans are concerned that the administration seems to be making a false choice, that is, to be safer we have to give up rights. I don't believe that, I wonder if you do.
And if you believe that we ought not give up our rights, then what would you do in order to protect our Constitution?
It's up to CNN to pick which questions are asked, but what would help them see it is if you take the time to give it a good recommendation, leave a positive comment, share it with your friends, or add it to your favorite videos. If you have a blog, post it. The time to ask your own questions of the Republican field has expired, now it's time to push the best videos to the top and get the Republican candidates on record about what they will do to protect our Constitution.
Jamison Foser of Media Matters recently documented the lack of discussion of the Constitution and rule of law issues during both parties' presidential debates. With over 1,500 questions asked, there's been almost no focus on the most fundamental issue that the next President will have to deal with. Senator Dodd is hoping to change that by asking the Republican field what they will do to protect the Constitution. I hope they get a chance to answer Dodd's important question.
With the nomination of Michael Mukasey for attorney general, to replace the Alberto Gonzales, being in the News lately, the issue of Constitutional Rights has once again moved to the front burner of American Politics. Senator Christopher Dodd, much to his credit has been an out-spoken defender of Constitutional Rights:
much of the focus has been on Mukasey's non-answer to if he considers waterboarding torture and thus unconstitutional … “No, I was the first senator among the presidential candidates to say no,” said Dodd in response to a question if he would support Mukasey's nomination.
Way to go Senator Dodd! We need more Senators fighting to protect the Constitution, like you have! You have my respect Sir.
Since my Candidate of choice is John Edwards however, this made me wonder, “What does Edwards think about Protecting the Constitution?”
To see what I found out, read on please …
(BTW, I think an Edwards/Dodd Ticket would be an excellent combination to restore a broken America, too)
I feel so strongly about this. It’s part of my DNA, in a sense. Some of you may know, that I grew up in a household where my father was a prosecutor at the Nuremberg trials, here. And, Robert Jackson, the great prosecutor, the great Supreme Court Justice, made the case as others did. That we were going to stand up for the rule of law, even with some of the greatest violators of human rights in recorded history. That we were going to provide a trial for them, that which they never gave to their victims. So I heard all about the rule of law growing up, and how important it is. I didn’t discover this a week ago, or year a go or two years ago. It’s something I believed in very strongly when I served on the House Judiciary Committee…So my history on these matters go back a long way, here. They didn’t come up recently, and I’m urging people to stand up.
If caring about the rule of law is in Senator Dodd's DNA, it's critically important to remember as citizens that the Constitution is our nation's DNA. And this administration's actions against our founding document risks fundamentally altering who we are as a nation.
We have seen strikes made against the Eighth Amendment, which bans cruel and unusual punishment; the Fourth Amendment, which mandates searches be conducted with warrant; and the Fifth Amendment, which demands due process for all persons.
Habeas corpus. Warrantless wiretaps. Torture. Extraordinary rendition. Secret Prisons. The Military Commissions Act.
Now we see the pernicious idea of retroactive immunity or amnesty for telecom companies who helped the Bush administration spy illegally on innocent Americans without warrant. If this dangerous move becomes law, the courts will never be able to discover what the Bush administration asked these companies and on what grounds. We will never learn what was perpetrated against the American people by its own government, in contravention to the laws of our land.
The efforts we have seen to change the DNA of America do not stop with the Bill of Rights, but tragically have extended into dangerous revisionism when it comes to the purview of the legislature and the executive. Article I and Article II of the Constitution.
The system of checks and balances between the three branches of government is being cast out of balance. The Vice President has gone so far as to suggest he's a previously undiscovered fourth branch of government.
Our Constitution — and our nation — may represent a great experiment in the power for representative democracy to make the world a better place. But the erosions and invasions of our Constitution and Bill of Rights — the DNA of our country — under President Bush threaten to turn America into a modern island of Doctor Moreau. What we get will not be what our Founders intended.
And so while Senator Dodd ties the roots of his passion for the Constitution and rule of law to the household he was raised in and the hard work of his father, we can all find our passion in a need to defend the document that most fundamentally defines who we are as a nation. And with our passion, we can move to act — today — by calling the Senate Judiciary Committee and ask them to oppose retroactive immunity for telecom companies in the latest FISA legislation.
Update:
Here's Sen. Dodd's speech from the floor of the Senate today on the Constitution, FISA, and rule of law:
