Obama’s War on the Constitution

September 6th, 2012 by Andy in America and Its Revolution...Is it Over?

There is hardly a single word in this that I would disagree with. This discussion between law professor Jonathan Turley and John Cusack lays out why the Obama administration, while supplicating certain desires and personal causes of the liberal class and people who identify themselves as “progressives,” are fundamentally undermining the very basis for the survival of a constitutional republic. Obama is, in these most fundamental of ways, a continuation of the Cheney/Bush regime. And now, the Republicans offer as an alternative to this happy face fascism an even speedier descent into a banana republic of tyrannical power, feeding off of the grotesque inequalities of wealth and privilege upon which all such tyranny subsists.

Supporting the Obama administration at this stage is playing a deal with the devil. I understand the logic among those who believe that rule by Romney/Ryan would be “worse,” and in some notable ways it would be. Clearly. But if the system is being undermined, then we are simply negotiating for a better, more comfortable seat on the Titanic, and not actually doing anything to change the systemic course to either tyranny or disaster (or both). However, there remains little doubt to those paying any attention that deciding to support what is called the Republican Party today, as a way of countering this descent and decay, is simply ignorantly foolish, or venal, or both.

CUSACK: …there are certain Rubicon lines, as constitutional law professor Jonathan Turley calls them, that Obama has crossed….

Three markers — the Nobel Prize acceptance speech, the escalation speech at West Point, and the recent speech by Eric Holder — crossed that Rubicon line for me…

Do we prosecute felonies like torture or spying on Americans? No, time to “move on”…


CUSACK: Churchill said, “The power of the Executive to cast a man into prison without formulating any charge known to the law, and particularly to deny him the judgment of his peers, is in the highest degree odious and is the foundation of all totalitarian government whether Nazi or Communist.” That wasn’t Eugene Debs speaking — that was Winston Churchill.

And if he takes an oath before God to uphold the Constitution, and yet he decides it’s not politically expedient for him to deal with due process or spying on citizens and has his Attorney General justify murdering US citizens — and then adds a signing statement saying, “Well, I’m not going to do anything with this stuff because I’m a good guy.”– one would think we would have to define this as a much graver threat than good or bad policy choices- correct?

TURLEY: Well, first of all, there’s a great desire of many people to relieve themselves of the obligation to vote on principle. It’s a classic rationalization that liberals have been known to use recently, but not just liberals. The Republican and Democratic parties have accomplished an amazing feat with the red state/blue state paradigm. They’ve convinced everyone that regardless of how bad they are, the other guy is worse. So even with 11 percent of the public supporting Congress most incumbents will be returned to Congress. They have so structured and defined the question that people no longer look at the actual principles and instead vote on this false dichotomy.

Now, belief in human rights law and civil liberties leads one to the uncomfortable conclusion that President Obama has violated his oath to uphold the Constitution. But that’s not the primary question for voters. It is less about him than it is them. They have an obligation to cast their vote in a principled fashion. It is, in my opinion, no excuse to vote for someone who has violated core constitutional rights and civil liberties simply because you believe the other side is no better. You cannot pretend that your vote does not constitute at least a tacit approval of the policies of the candidate.


CUSACK: Have you ever heard a more specious argument than “It’s time for us all to move on?” When did the Attorney General or the President have the option to enforce the law?

TURLEY: Well, that’s the key question that nobody wants to ask. We have a treaty, actually a number of treaties, that obligate us to investigate and prosecute torture. We pushed through those treaties because we wanted to make clear that no matter what the expediency of the moment, no matter whether it was convenient or inconvenient, all nations had to agree to investigate and prosecute torture and other war crimes.

And the whole reason for putting this in the treaties was to do precisely the opposite of what the Obama administration has done. That is, in these treaties they say that it is not a defense that prosecution would be inconvenient or unpopular. But that’s exactly what President Obama said when he announced, “I won’t allow the prosecution of torture because I want us to look to the future and not the past.” That is simply a rhetorical flourish to hide the obvious point: “I don’t want the inconvenience and the unpopularity that would come with enforcing this treaty.”


TURLEY: President Obama has not only maintained the position of George W. Bush in the area of national securities and in civil liberties, he’s actually expanded on those positions. He is actually worse than George Bush in some areas….

President Obama has actually a formal policy allowing him to kill any US citizen.


TURLEY: That was the truly other-worldly moment of the speech. He went to, Northwestern Law School (my alma mater), and stood there and articulated the most authoritarian policy that a government can have: the right to unilaterally kill its citizens without any court order or review. The response from the audience was applause. Citizens applauding an Attorney General who just described how the President was claiming the right to kill any of them on his sole inherent authority…

Obama has asserted the right to kill any citizen that he believes is a terrorist. He is not bound by this panel that only exists as an extension of his claimed inherent absolute authority. He can ignore them. He can circumvent them. In the end, with or without a panel, a president is unilaterally killing a US citizen. This is exactly what the framers of the Constitution told us not to do.

CUSACK: The framers didn’t say, “In special cases, do what you like. When there are things the public cannot know for their own good, when it’s extra-specially a dangerous world… do whatever you want.” The framers of the Constitution always knew there would be extraordinary circumstances, and they were accounted for in the Constitution. The Constitution does not allow for the executive to redefine the Constitution when it will be politically easier for him to get things done.

TURLEY: No. And it’s preposterous to argue that.

CUSACK: When does it become — criminal?

TURLEY: Well, the framers knew what it was like to have sovereigns kill citizens without due process. They did it all the time back in the 18th century. They wrote a constitution specifically to bar unilateral authority.


TURLEY:So what Obama’s doing is to rewrite the most fundamental principle of the US Constitution. The whole point of the Holder speech was that we’re really good guys who take this seriously, and you can trust us. That’s exactly the argument the framers rejected, the “trust me” principle of government. You’ll notice when Romney was asked about this, he said, “I would’ve signed the same law, because I trust Obama to do the right thing.” They’re both using the very argument that the framers warned citizens never to accept from their government…

Liberals and civil libertarians have lost their own credibility, their own moral standing, with the support of President Obama… [my emphasis - AV, USTV Media]

Under international law, shielding people from war-crime prosecutions is itself a form of war crime. They’re both violations of international law….

President Obama has created an imperial presidency that would have made Richard Nixon blush. It is unbelievable.


TURLEY:When I talk to people who support the administration, they usually agree with me that torture is a war crime and that the administration has blocked the investigation of alleged war crimes.

Then I ask them, “Then, morally, are you comfortable with saying, ‘I know the administration is concealing war crimes, but they’re really good on healthcare?’” That is what it comes down to.

The question for people to struggle with is how we ever hope to regain our moral standing and our high ground unless citizens are prepared to say, “Enough.” And this is really the election where that might actually carry some weight — if people said, “Enough. We’re not going to blindly support the president and be played anymore according to this blue state/red state paradigm. We’re going to reconstruct instead of replicate.


CUSACK: I don’t know how to bring myself to vote for a constitutional law professor, or even a constitutional realist, who throws away due process and claims the authority that the executive branch can assassinate American citizens. I just don’t know if I can bring myself to do it.

If you want to make a protest vote against Romney, go ahead, but I would think we’d be better putting our energies into local and state politics — occupy Wall Street and organizations and movements outside the system, not national politics, not personalities. Not stadium rock politics. Not brands. That’s the only thing I can think of. What would you say?

TURLEY: Well, the question, I think, that people have got to ask themselves when they get into that booth is not what Obama has become, but what have we become? That is, what’s left of our values if we vote for a person that we believe has shielded war crimes or violated due process or implemented authoritarian powers. It’s not enough to say, “Yeah, he did all those things, but I really like what he did with the National Park System”…

We have to recognize that our political system is fundamentally broken, it’s unresponsive. Only 11 percent of the public supports Congress, and yet nothing is changing — and so the question becomes, how do you jumpstart that system? How do you create an alternative? What we have learned from past elections is that you don’t create an alternative by yielding to this false dichotomy that only reinforces their monopoly on power.

To paraphrase what the great Russian author and dissident once proclaimed, when asked what he thought he was going to accomplish by publishing his work The Gulag Archipeligo, which was an open challenge to the Soviet authorities, for which he was surely going to get in serious trouble for; “I may not be able to change anything, but it’s not going to continue to happen with my complicity.”

His work eventually served to help change everything.

And as one reader of the book once pointed out: “Totalitarianism doesn’t begin with a Stalin or a Hitler. It begins with *you*, on the day that you let a government become more powerful than the people it governs.”

Read The Full Interview with Cusack and Turley.

2 Responses to ' Obama’s War on the Constitution '

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  1. Andy said,

    on September 6th, 2012 at 7:36 pm

    (A posting by a in response to an article of a very similar nature some time ago, that I thought worth sharing here, due to its relevant applicability, and shared sentiments. - USTV Media)

    Begin rant.

    It really makes me sad when I see sensible people bend over backwards to defend an opportunist, bought off, lying war criminal. Sure, I submit that the Dems are on the whole a lesser evil than the GOP. But the “not strong” position on civil liberties is in fact illegal & unconstitutional, the drone program is a war crime, the Libyan intervention violated the War Powers act, the health plan was authored by the ultra-conservative Heritage Foundation, and the deportation of undocumented migrants at a rate not seen since Eisenhower broke hundreds of thousands of hardworking families. I’m OK if someone votes for Obama for strategic reasons, especially in swing states, but IMO his policies are way far to the right to justify outright support from anyone even remotely interested in social justice, human rights, non-homicidal foreign policy, and the future of this planet. I’m the first to give the administration credit for the few things they did right, but they pale in comparison with the moves which were proactively conservative, outright reactionary or just plain criminal. And sure, these are arguably fewer than what a GOP prez would have done, but are all the more sinister for being tolerated by otherwise sensible people who’d go ballistic if they were done by Republicans.

    I could counter some of your points but others have done so — some are fair, others seem to rely on a very selective interpretation of facts. To me, they reveal how good of a cult of leadership and personality Obama ran in the 2008 campaign, and how strong the fear of not having a viable mainstream political option to support runs among otherwise sensible liberals & leftists in this country. Snap out of it.

    End rant.

  2. Andy said,

    on September 6th, 2012 at 7:39 pm

    A follow up by a reader to the earlier post, which also addresses some of the issues at hand here, regarding the dilemma posed by the Obama administration and its policies, and whether one should or should not support them. - USTV Media)

    How do you “hold his feet to the fire”? He doesn’t represent you AT ALL, you didn’t give him record campaign contributions, so you don’t get a say. When McDonald’s gets many people to eat their food, it’s the company that pulled one over on …them, not the people who “voted” for their food. Our elections are not elections at all in any true, democratic sense–they are more fixed than the Soviet elections were and a bigger ideological illusion because they look like they’re real. All the money going into the early primaries decides who the candidates are who you can vote for. When they actually get around to the populous states the choices are narrowed–that is, if they actually hold a primary in your state–the Democrats did not in mine last time. The system is designed to have corporate interests elect the primary candidates, then the voting public, a small subset of the U.S. population who are by and large completely alienated from the system, can put their two cents in effectively voting for McDonald’s or Burger King. And when it’s terribly important whether McDonald’s or Burger King wins, the money shifts to one and the PR machine kicks into high gear and everyone votes more or less as told. The fact that so many high-minded voters believe that their votes matter and they they are actually deciding something is the primary ideological illusion that supports this oppressive system. The OWS movement put a crack in that belief system and now all the panicky Democratic strategists, hired or self-appointed, are rushing to fill the breach. But by all means, vote for whomever you want. Just don’t come back yet again next time, after Obama delivers most of the things on the list of what President Romney was to deliver, and say, once more, that we need to vote for the next great Democratic contender to prevent the reanimated corpse of Ronald Reagan from winning.

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