Uncomfortably Numb

Today, the news focused on the bankruptcy of Lehman Brothers, the Federal Reserve's likely bailout of American International Group (AIG), and the ramifications for Wall Street and the world financial markets. Meanwhile, a Senate subcommittee was listening to recommendations for the next President to restore a constitutional balance of power.

"Restoring the Rule of Law" was the subject of testimony before the Senate Judiciary Subcommittee on the Constitution. In his opening statement, Chairman Russ Feingold (D-WI), said he called the hearing to "tackle the wreckage that this President (Bush) will leave." Feingold began:

Tomorrow, September 17, is the 221st anniversary of the day in 1787 when 39 members of the Constitutional Convention signed the Constitution in Philadelphia. It is a sad fact as we approach that anniversary that for the past seven and a half years, and especially since 9/11, the Bush Administration has treated the Constitution and the rule of law with a disrespect never before seen in the history of this country. By now, the public can be excused for being almost numb to new revelations of government wrongdoing and overreaching. The catalogue is breathtaking, even when immensely complicated and far reaching programs and events are reduced to simple catch phrases: torture, Guantanamo, ignoring the Geneva Conventions, warrantless wiretapping, data mining, destruction of emails, U.S. Attorney firings, stonewalling of congressional oversight, abuse of the state secrets doctrine and executive privilege, secret abrogation of executive orders, signing statements. This is a shameful legacy that will haunt our country for years to come.

Mickey Edwards, Former Chairman of the House Republican Policy Committee, gave testimony that went beyond Presidential abuses of power to outline Congress's neglect of the checks and balances specified in the Constitution.

For most of the past eight years, and for many years before that, the Congress has failed to lived up to its assigned role as the principal representative of the people. Congress's constitutional role includes primary authority over spending priorities, tax policies, and the choice over whether or not to go to war. All of these decisions require the gathering of the information necessary to act judiciously. All of these decisions require a willingness to see to it that those decisions are complied with. But in recent years, instead of fulfilling this important trust, Congress has too often been silent.

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Every member of Congress takes an oath of office to uphold and defend the Constitution. Republican members do not take an oath to defend a Republican president and Democratic members do not take an oath to defend a Democratic president. Once that oath of office is taken, loyalty to the Constitution takes primacy over loyalty to party or individual. But that is not what has happened in recent years.

Here is the challenge, stated as candidly as I can state it. Each year the presidency grows farther beyond the bounds the Constitution permits; each year the Congress fades farther into irrelevance. As it does, the voice of the people is silenced. This cannot be permitted to stand. The Congress is not without power. It can refuse to confirm people the President suggests for important offices; it can refuse to provide money for the carrying out of Executive Branch activities; it can use its subpoena power and its power to hold hearings and above all, it can use its power to write the laws of the country.

In closing, Mickey Edwards reminded Congress of its essential purpose:

Do not let it be said that what the Founders created, you have destroyed. Do not let it be said that on your watch, the Constitution of the United States became not the law of the land but a suggestion. You are not a parliament; you are a Congress – separate, independent, and equal. And because of that you are the principal means by which the people maintain control of their government. Defend that right, and that obligation, or you lose all purpose in holding these high offices. That is how you preserve and defend the rule of law in the United States.

It is easy to cite President George W. Bush for a litany of arrogant, misinformed abuses of power, if not outright violations of law. His abuse of the Constitution requires, at least, an investigation into articles of impeachment. That may be the most glaring failure of Congress, specifically the Speaker of the House of Representatives.

I applaud Senator Feingold for holding this hearing, and find it particularly notable that Mr. Edwards found it necessary to remind Congress of the purpose of its existence. If Congress had been doing its job the last several years, it would have seen the warning signs of the current financial crisis and acted to preempt it. I'll let you find the irony in that.