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An executive who arrogates to himself the power to ignore the legitimate legislative directives of the Congress or to act free of the check of the judiciary becomes the central threat that the Founders sought to nullify in the Constitution. In the words of James Madison, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” What would Benjamin Franklin think of President Bush’s assertion that he has the inherent power, even without a declaration of war by the Congress, to launch an invasion of any nation on earth, at any time he chooses, for any reason he wishes, even if that nation poses no imminent threat to the United States? How long would it take James Madison to dispose of our current president’s claim, in Department of Justice legal opinions, that he is largely above the rule of law so long as he is acting in his role as commander in chief? I think it is safe to say that our Founders would be genuinely concerned about these recent developments in American democracy and that they would feel that we, here, are now facing a clear and present danger with the potential to threaten the future of the American experiment. Shouldn’t we be equally concerned, and shouldn’t we ask ourselves how it is that we have come to this point? In the name of security, this administration has attempted to relegate the Congress and the courts to the sidelines and replace our democratic system of checks and balances with an unaccountable executive. And all the while, it has constantly angled for new ways to exploit the sense of crisis for partisan gain and political dominance.
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