A Nonpartisan on Warentless Wiretapping
thank you, Doug for permission to reprint this OpEd on my JournalsNH Broadcaster - Home
‘Temporary’ presidential powers may become permanent problem
The Broadcaster StaffIt will be unfortunate for America if the controversy over warrantless wiretapping turns into yet another partisan wrangle, with Republicans closing ranks behind the president and Democrats rushing to the attack.
The question at the root of this issue goes beyond personalities, and should concern Republicans and Democrats equally: How much power can we let one person have before we undermine our democracy?
To justify a wiretapping program that appears to violate the Foreign Intelligence Surveillance Act, the administration has put forward a sweeping claim of presidential power: In wartime the president can ignore a law if he feels it interferes with his ability to defeat the enemy.
On the surface this makes a certain amount of sense, because nobody wants Congress micro-managing the battlefield. But the administration’s position has two dangerous flaws. First, the power the president claims is unchecked. He and he alone gets to decide which laws he will obey or disobey. Second, the war on terror is not like other wars. Almost by definition, it will never end. Capturing Kabul or Baghdad or Saddam Hussein didn’t end it. Capturing Bin Laden wouldn’t end it, either. It’s hard to imagine what would.
Consequently, any “temporary” powers that we give the president to fight this war are actually permanent changes in our system of government. The issue isn’t whether or not you trust President Bush. If his claims are upheld, all future presidents will have the power to ignore laws.
Republicans and Democrats alike should be able to agree on this: We have had unscrupulous presidents in the past, and some day we will have another one. If that president can ignore laws, what won’t he (or she) be able to do? Perhaps he will decide that democracy itself interferes with his ability to defeat the enemy.
The Founders gave us a government of laws and not of men. If we want to keep it, we must insist that even the president obey the law.
Doug Muder is a professional writer who lives in Nashua. Last week, Newsweek published his letter to the editor on this subject.
DOUG MUDER Nashua
Mr. Muder argues that this administrations behaviors cuts across party lines, and he is correct. Thank you for letting me reprint.


