mirrorpool: Censure Resolution

Senator Russ Feingold's introduction of a censure resolution to Congress is remarkable for the press it got, considering that Rep. John Conyers called for similar action in the House of Representatives last year to little fanfare. It seems the possibility Feingold might run for president in 2008 makes this news, even as his critics accuse him of grandstanding to get attention for just such an endeavor. Many Democrats are distancing themselves from taking a stand against President Bush's alleged illegal activities for fear of being labeled "weak on terror," or are cautious of election-year dynamics. They are forgetting that it's Congress' job to provide oversight of the president, and this duty is abrogated if any of these excuses are used. Republican cries of partisanship are particularly specious, considering the partisan nature of nearly every proposal they make.

The truth is that Sen. Feingold is right, the laws regarding surveillance has obviously been broken; it's only a matter of to what extent. The so-called "investigation" into finding out the extent of the spying program has essentially been called off in favor of changing the law to fit the crime. This in itself is an admission that the president overstepped his power. Sen. Arlen Spector, chairman of the Senate Judiciary Committee has begun a panel to study the situation mainly to give the president cover. The Censure resolution will probably fail this time due to harsh political realities, and because opponents would like to force a vote before real debate occurs. However, Senators showing some backbone can only help their stature in the minds of wavering Democrats and Independents alike. It could even help them with Republicans who still hold the rule of law and the Constitution above party loyalty.

The Fourth Amendment guarantee against unreasonable search and seizure has clearly been usurped by the administration, and no tinkering with the Federal Intelligence Surveillance Act (FISA) can save it. The current law established in 1978 states that a warrant must be obtained from the FISA court before performing domestic surveillance, except in emergencies where it can be accomplished retroactively within 72 hours, or 15 days during wartime. Note that it is required even under extraordinary circumstances; this is one of the foundations of our republic. Our freedoms cannot simply be taken away by executive order. If the president is not held accountable for violating this principle, we have begun to vacate the democracy our fore-fathers sacrificed to invent.

The only precedent for censure of an American president so far was Andrew Jackson in 1834 for removing the nation's funds from the bank in order to defy the opposition party that controlled the Senate. It's a largely symbolic gesture that amounts to a hard slap on the wrist, and is mild compared to what may ultimately be needed here. Even this remedy alone, though, would be extremely difficult for the current administration to accept, especially since they are grievously averse to the slightest criticism, and because any accountability whatsoever would be such big news. Such a step could be perceived as devastating to the reputation of the President's party during the midterm elections, propaganda planted in the mainstream press notwithstanding. The Republican line that any talk of censure or impeachment would hurt the Democrats instead is merely what they would like us to think, and those that fall for it and stop calling for the procedures required by the Constitution are just playing into their hands.

Few other presidents in U.S. history, if any, are more deserving of reproach than this one; not only the long list of impeachable scandals, but the long-term damage to the country and the world that they entail. The destruction wreaked on basic American interests and ideals may never be fully repaired, or even forgotten many centuries from now. Certainly the lives lost in Iraq can never be recovered or the unnecessary suffering of its people under our occupation undone. The answer must be a complete reversal of the Bush administration agenda as a whole and a new direction for the country. The coming mid-term elections offer the best hope of beginning to achieve this, if we can overcome electronic tabulation of our votes. In the meantime a national debate over censure can help foster the change that needs to occur. It may take years, but everyone in Congress that finds the strength to speak out against tyranny now will eventually be rewarded.

Sources:

http://www.commondreams.org/views06/0330-28.htm

http://www.commondreams.org/views06/0313-24.htm

http://www.commondreams.org/views06/0315-26.htm

http://www.commondreams.org/views06/0315-33.htm

http://www.commondreams.org/views06/0319-24.htm

http://www.fas.org/irp/agency/doj/fisa/

http://www4.law.cornell.edu/uscode/html/uscode50/usc_sup_01_50_10_36.html

http://www4.law.cornell.edu/uscode/html/uscode50/usc_sec_50_00001802----000-.html

http://www.msnbc.msn.com/id/12093379/

http://www.tompaine.com/articles/2006/03/30/the_gops_stake_in_checking_the_president.php