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What Al Gores speech reveals about the state of US politics
By Patrick Martin
26 January 2006
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In the ten days that have passed since the January 16 speech
delivered by Al Gore in Washington charging President Bush with
trampling on the Constitution in his conduct of the war
on terror, the former vice president has been alternately
vilified, ridiculed or ignored. There has been little serious
discussion of his criticisms of the Bush administration, however,
outside of the World Socialist Web Site. (See: Bush administration domestic spying provokes
lawsuits, calls for impeachment)
The substance of Gores speech was the most sweeping indictment
of the Bush administration by any significant figure within the
US ruling elite since Bush took office in 2001. He not only charged
that the Bush White House seeks to exercise quasi-dictatorial
powers over the American people, but he painted a picture of a
judicial system and a Congress which are unwilling to challenge
the presidential power-grab and uphold the traditional institutions
of the American constitutional system, based on the separation
of powers between Congress, the White House and the courts.
Such statements from such a source have extraordinary political
significance. Gore is, after all, not an accidental figure in
American politics. The son of a longtime senator from Tennessee,
he was in turn a congressman, senator, vice president for eight
yearsduring which he played a central role in much of the
policymaking of the Clinton administrationand then the presidential
candidate of the Democratic Party in 2000. He received more than
50 million votes in that election, beating Bush by 500,000 in
the popular vote.
Now this representative of the highest level of the American
ruling elite declares that Americas Constitution is
in grave danger, and that democratic values have been
placed at serious risk by the unprecedented claims of the administration
to a truly breathtaking expansion of executive power.
In the current exposure of illegal surveillance, Gore said,
What we do know about this pervasive wiretapping virtually
compels the conclusion that the president of the United States
has been breaking the law, repeatedly and insistently. A president
who breaks the law is a threat to the very structure of our government.
He repeatedly referred to the conviction of those who wrote
the American Constitution that they had established a government
of laws and not men, declaring that the Bush White House
was seeking to reverse this, creating an all-powerful executive
that could ignore the law and do as it pleased.
Gore dismissed the administrations claim that the NSA
wiretapping was an exercise of presidential war powers authorized
by Congress after the September 11 terrorist attacks, pointing
out that the White House had sought to have specific authority
for domestic counter-terrorist actions inserted in the resolution,
but congressional leaders refused. When President Bush failed
to convince Congress to give him the power he wanted when this
measure was passed, he secretly assumed that power anyway, as
if congressional authorization was a useless bother, he
said.
Gore warned that the Bush administrations disrespect
for Americas Constitution ... has now brought our republic
to the brink of a dangerous breach in the fabric of the Constitution.
He denounced Bushs claims of a presidential right to imprison
American citizens indefinitely, without an arrest warrant or any
judicial proceeding, and without informing them of the charges
against them or allowing them to contact a lawyer or their own
families.
He cited the White House claim of the right to kidnap, imprison,
interrogate and torture individuals seized in foreign countries
and held in secret US facilities around the world. Over
100 of these captives have reportedly died while being tortured
by executive branch interrogators, he said, noting that
the vast majority of those held at the best-known such prison,
Abu Ghraib, were innocent of any crimes.
Can it be true that any president really has such powers
under our Constitution? Gore asked. If the answer
is yes, then under the theory by which these acts are committed,
are there any acts that can on their face be prohibited? If the
president has the inherent authority to eavesdrop on American
citizens without a warrant, imprison American citizens on his
own declaration, kidnap and torture, then what cant he do?
The dean of Yale Law School, Harold Koh, said after analyzing
the executive branchs extravagant claims of these previously
unrecognized powers, and I quote Dean Koh, If the president
has commander-in-chief power to commit torture, he has the power
to commit genocide, to sanction slavery, to promote apartheid,
to license summary execution.
This last passage warrants underlining. Gore cites with approval
the assessmentby a prominent member of the US legal establishmentthat
the logic of the Bush administrations policy is to assert
the right to commit atrocities on a Hitlerian scale. This is how
far American capitalism has moved since the launching of Bushs
war on terror.
The rest of Gores speech was devoted to reviewing the
impact of this unilateral assertion of presidential authority
on the system of checks and balances between the executive, legislative
and judicial branches which is the hallmark of the US constitutional
system.
As a result of this unprecedented claim of new unilateral
power, the executive branch has now put our constitutional design
at grave risk, he said. The stakes for Americas
democracy are far higher than has been generally recognized. These
claims must be rejected and a healthy balance of power must be
restored to our republic. Otherwise, the fundamental nature of
our democracy may well undergo a radical transformation.
Gore discussed the historical implications of the Bush administrations
actions, comparing them to the arbitrary actions of the British
Crown which sparked the American Revolution, as well as other
episodes of attacks on democratic rights, particularly during
the major wars of the 20th century, such as World War I, World
War II and Vietnam. One danger in the present situation, he emphasized,
was that the open-ended character of the war declared by the Bush
administration could justify arrogations of power [that]
will in this case persist in near perpetuity.
The administration has also embraced a legal theory of the
unitary executive which claims that the presidents
actions as commander-in-chief are essentially unreviewable by
either Congress or the courts, another blow to the traditional
framework of checks and balances.
Gore noted the declining willingness of the federal judiciary
to restrain executive power, but he focused more attention on
Congress, saying, The sharp decline of Congressional power
and autonomy in recent years has been almost as shocking as the
efforts by the executive to attain this massive expansion of its
power.
He said Congress had become structurally unrecognizable
and now operates as if it were entirely subservient to the
executive branch. There are no oversight hearings, and appropriations
bills are passed without serious consideration, often without
even being available for members of Congress to read before voting
on them. The rubber-stamp character of Congress was exemplified
in the NSA spying case, with a handful of congressional leaders
informed under conditions where they agreed to say or do nothing.
Democrats as well as Republicans in the Congress must share
the blame for not taking sufficient action to protest and seek
to prevent what they consider a grossly unconstitutional program,
he said.
Gore concluded by condemning what he described as an administration
effort to spread fear and intimidate the public into accepting
the massive erosion of democratic rights. He called for the appointment
of a special counsel to pursue the criminal issues raised
by the warrantless wiretapping of Americans by the president.
There are three aspects of Gores speech which are critical
from the standpoint of a socialist analysis of the deepening political
crisis in the United States. First, his speech was directed entirely
to the ruling elite. Gore was making an appeal, not to the American
people as a whole, but to the Washington political and media establishment
of which he is a longtime member. After making his indictment
of the Bush administrationquite powerfully, by the standards
of official American political debatehe declined an offer
from PBS to appear on the Jim Lehrer news program, and issued
only a perfunctory two-paragraph response to the predictable diatribes
against him by White House spokesmen and the right-wing press.
Second, Gore refused to characterize the material interests
and motives which impel the Bush administrations power-grab,
referring only to mistakes and actions which were
misguided. He criticized the decision to invade Iraq,
but never mentioned the word oil. The previous week,
Bush gave a particularly vicious speech attacking opponents of
the Iraq war in which he declared that criticism of the war was
permissible only so long as charges of a war for oil
were excluded from the debate. Despite the harshness of his criticism
of Bush January 16, Gore tacitly accepted this restriction.
In a similar vein, Gore avoided any examination of the social
conditions within the United Statesabove all, the enormous
growth of social inequalitywhich is the underlying motor
force of the Bush administrations attacks on democratic
rights. It is impossible to maintain democratic forms in a society
so sharply polarized between enormous wealth in the hands of a
tiny eliteless than one percent of the populationand
the vast majority struggling for their economic survival.
As a bourgeois politician who defends the profit system that
is responsible for this vast social polarization, Gore is incapable
of raising this central issue. Instead, he sought to make an appeal
to a section of the ultra-right, warning that an all-powerful
Bush administration might be succeeded by a Democratic president
who would exercise similarly sweeping powers. His appearance was
co-sponsored by several anti-tax and libertarian groups and Gore
paid tribute, at the beginning of his remarks, to the co-organizer
of the event, former Georgia congressman Bob Barr, who was one
of the Republican managers in the impeachment and trial of President
Bill Clinton.
Gore was at pains to reassure his fellow members of the ruling
elite that despite his well-grounded criticisms of the Bush administration,
he was equally committed to the defense of the interests of American
imperialism. One key passage of his speech declared his agreement
that the threat of terrorism does indeed create a real imperative
to exercise the powers of the executive branch with swiftness
and agility.
Gore added, there is in fact an inherent power conferred
by the Constitution to any president to take unilateral action
when necessary to protect the nation from a sudden and immediate
threat. And it is simply not possible to precisely define in legalistic
terms exactly when that power is appropriate and when it is not.
But the existence of that inherent power cannot be used to justify
a gross and excessive power-grab lasting for many years and producing
a serious imbalance in the relationship between the executive
and the other two branches of government.
In other words, Gore condemns Bush for an excessive power-grab
lasting for many years, holding out the prospect that a
power-grab of lesser size and shorter duration would be more manageable
and less costly in terms of discrediting the political system
which has served corporate interests and the American ruling class
for so long.
Thirdly, the response to Gores speech in the political
establishment underscores what the WSWS has maintained ever since
the stolen election of 2000: there exists no significant section
of the ruling elite that is prepared to make a serious issue of
the defense of democratic rights.
The Bush administration itself and its open lackeys in the
right-wing press have portrayed Gore either as an embittered loser
of 2000although he actually won the popular vote and would
have taken office but for the unconstitutional intervention of
the Supreme Courtor as a lunatic who ignores the obvious
necessities of the global war on terror.
From the Democratic Party and its media allies, the response
has generally been to ignore the speech altogether. Here the lead
was given by the New York Times, the most cowardly and
unprincipled of the bourgeois opponents of the Bush
administration, which did not even dignify the speech with a separate
article. The Times relegated it to a passing mention in
a story, buried in its New York regional coverage, on the White
House reaction to Hillary Clintons comparison of the Republican-run
House of Representatives to a southern plantation.
While some daily newspapers published editorials supporting
Gores criticisms, the speech was dropped as a media topic
within a few days. It went virtually unmentioned in the network
television interview programs the following Sunday, on which Democratic
senators Joseph Lieberman, Richard Durbin, Charles Schumer and
John Kerry all appeared.
Only Kerry was even asked about Gores attack, and his
response demonstrated the intellectual incoherence and inability
to take a firm position which made him a caricature as a presidential
candidate in 2004. Kerry said the current program of presidentially-authorized
spying by the National Security Agency (NSA) was illegal, then
rejected the suggestion that Congress should cut off funding for
it, saying instead that Congress would readily approve some form
of NSA domestic spying if the administration sought legislative
backing.
See Also:
Bush administration launches campaign
of lies in defense of government spying
[25 January 2006]
Bush administration report defends
spying, unconstrained executive powers
[23 January 2006]
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