Joyce Appleby Quotes
We have the President assuming powers that are never going to end.
Joyce Appleby, Historian, Referring to President George W. Bush, Interview, C-SPAN In Depth, July 8, 2006
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There have been many examples of Presidents in time of war who have asked Congress & received additional powers whose constitutionality was sometimes tested. The Alien & Sedition acts of the John Adams administration, Lincoln in the Civil War controlling the Southern governments, Wilson jailing people verbally opposing the draft, FDR incarcerating Japanese Americans in WWII. However, in those cases, the President asked for and got the powers from Congress. Nichols claimed that by Bush, just assuming powers, he was acting like a king & not a president, and that per se was an impeachable offence. As unpopular as Bush was, his Vice President was much moreso, & Bush was in his last term; neither party wanted to go through another impeachment after the Republican attempt to oust William Clinton ended in acquittal. Other constitutional scholars do not believe the “acting like a king” rises to the level of an impeachable offense; only specific “high crimes & misdemeanors” would qualify.
Alberto Gonzalez, White House Counsel and later Attorney General who was forced to resign and David S. Addington, Counsel to the Vice President, had come up with a novel view of the powers of the presidency. They argued that since the President is the Commander in Chief, in a war situation or intelligence gathering thereto, has the Constitutional responsibility for that function, he need not obey any laws of Congress as in the conduct of the war Congress would be impinging on the Constitutional separation of powers which itself was prohibited by the Constitution. The argument did not find any significant legal support but for a while the George W. Bush White House behaved as if this were the law, despite the fact that even in the American Revolution and the War of 1812 Congress passed laws regulating the conduct of the armed forces as is provided for in other parts of the Constitution. Yet even Goldsmith would allow the President some powers that many think are unconstitutional and/or belong to Congress. See {32436}.
This quotation has much more meaning that similar statements of dozens of other people who claimed Bush should be impeached. The reason is that Fine was a strong conservative wanting to impeach a conservative President and he was the person who drafted the articles of impeachment against President William Clinton which passed the House but Clinton was acquitted by the Senate. So Fine was generally seen as a partisan for Republican Conservatives like Bush and a man who acted strongly against Clinton, and yet he observed in this quotation that Bush’s crimes were more serious. See {583797} for a concurring view on impeachment of Bush.
President George W. Bush had ignored a federal law and tapped the phones of Americans without probable cause and a warrant issued by a court. The President’s defenders argued that the President, as Commander in Chief, has the Constitutional responsibility to lead the military and protect the nation. Intelligence gathering is part of military activity. Therefore the intelligence gathering is a Constitutional duty and the Congress, under the separation of powers doctrine, may not interfere with the President’s Constitutional Duty to conduct intelligence. Under this doctrine, the President need not obey laws that he believes impinge on his management of the war effort and the defense of the nation. Most legal scholars believe that this argument is nonsense, but the George W. Bush administration has stated the doctrine and it was the subject of much litigation.
President George W. Bush, to justify the invasion of Iraq had told the public that the Iraqi regime was developing nuclear weapons and other weapons of mass destruction, and had participated in the September 11 attack on the United States by assisting Al Qaeda. It turned out that these statements were false. The administration claimed that their error was well intentioned and the result of faulty intelligence. Opponents claimed that the administration officials knew that they were exaggerating and had pressured the intelligence agencies to create intelligence conclusions that supported their story.
President George W. Bush, to justify the invasion of Iraq had told the public that the Iraqi regime was developing nuclear weapons and other weapons of mass destruction, and had participated in the September 11 attack on the United States by assisting Al Qaeda. It turned out that these statements were false. The administration claimed that their error was well intentioned and the result of faulty intelligence. Opponents claimed that the administration officials knew that they were exaggerating and had pressured the intelligence agencies to create intelligence conclusions that supported their story.
Bush, more so than any other president, claimed executive powers that had never been claimed by other presidents even in wartime. At the time the senator made this statement, the Supreme Court had ruled against the President on several of his claims and others were pending. The powers ranged from the right to hold even American Citizens incommunicado without filing any charges or going before a court or even allowing a court to review the action if the President Claims the person was an “enemy combatant” or “terrorist”; to the right to spy on American Citizens phone calls in America without any court review and even went so far as to claim the right to question Americans or other suspected enemies by methods that are classified as “torture” by most nations and is even illegal by the American Military Regulations for interrogating prisoners.
Joyce Oldham Appleby was an American historian. She was a professor of history at UCLA. She was president of the Organization of American Historians (1991) and the American Historical Association (1997).
