Fast-forward 174 years. President Bush learns the court's ruling in Hamdan has gone against him. A five-justice majority held the military commissions created by the administration to try the Guantanamo detainees are invalid, since they were never authorized by congressional statute. The justices seem to have repudiated Bush's claim that the Constitution invests the president with sweeping unilateral authority in wartime. "The court's conclusion ultimately rests upon a single ground," Justice Stephen Breyer pointedly notes in a concurrence. "Congress has not issued the Executive a 'blank check.' "
Whereupon Bush says -- what? "The justices have made their decision; now let them enforce it"? Something even more acid? Perhaps he repeats a statement he has made previously -- "I'm the decider, and I decide what is best"?
Not quite. He says he takes the court's decision "seriously." A few moments later he says it again. And then comes this: "We've got people looking at it right now to determine how we can work with Congress, if that's available, to solve the problem." There is no disdain. No bravado. No criticism. Just an acknowledg ment that the Supreme Court has spoken and the executive branch will comply.
Some dictator.
It isn't 1832 anymore. Even presidents who are aggressive in their claims of authority don't flout Supreme Court decisions. Harry Truman relinquished the steel mills, Richard Nixon turned over the Watergate tapes, Bill Clinton submitted to Paula Jones's deposition. Al Gore conceded the 2000 election. Now Bush will acquiesce as well.
For better or worse, our legal system as it has evolved makes the judiciary, not the president, "the decider." Bush presses his claims forcefully, as he is entitled to do -- but only to a point. We remain a nation of laws, not of men. For all the promiscuous talk about dictatorship, was that ever really in doubt? |