Mr. Cheney also revealed he personally briefed the leaders of both parties in the White House Situation Room regarding these surveillance programs. He said Democrat leaders unanimously agreed with Republicans that they wanted these programs continued, and did not want the rest of Congress briefed for fear of information leaking out. These are the programs which, once leaked, led to indignant speeches by those same Democrat leaders condemning them. Will he rise above the partisanship that has infected the national-security debate by continuing those programs?
Ironically, the biggest challenge Mr. Obama faces on these issues could be of his own making. He promised to appoint judicial activists to our nation’s federal courts.
Yet, for the first time in history, the Supreme Court has become involved in overriding the actions of the president, and even the actions of the president and Congress working together, on national security. In Boumediene v. Bush, for example, the Court struck down procedures that Congress wrote into law and the president signed for detainees. This 5-4 decision came about from the Court’s sole moderate justice siding with the four liberals.
If Mr. Obama appoints more activists, he will guarantee that the Court continues to strike down presidential actions and even congressional legislation. Will he keep his promise to appoint strident liberals to the Supreme Court and the lower federal courts, knowing that it will result in those who are least-equipped to decide national-security matters continuing to do so?
The campaign is over, and it is now time for the hard work of governing to begin. Our nation’s security is far too important for petty partisan politics.
Ken Blackwell
Ken Blackwell, a contributing editor at Townhall.com, is a senior fellow at the Family Research Council and the American Civil Rights Union and is on the board of the Becket Fund for Religious Liberty. He is the co-author of the new bestseller
The Blueprint: Obama’s Plan to Subvert the Constitution and Build an Imperial Presidency, on sale in bookstores everywhere..
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