A Surge of Constitutionalism

By Gary Hart

The endless Iraq war is decreasingly about Iraq and increasingly about the U.S. Constitution.

President Bush's decision to escalate the war, and to further Americanize it, is based on his flawed and dangerous theory of the "unitary presidency," a theory under which, once war is declared, the president as commander in chief can ignore constitutional checks and balances, disregard the bill of rights, suspend accountability, and concentrate dictatorial power in his own hands.

History has already judged the invasion and occupation of Iraq as an American disaster of epic proportions. But an even more important judgment remains to be made. What damage has been done to the U.S. Constitution and our form of government in the name of the "war on terrorism" as cover for a secret neo-conservative agenda in the Middle East?

In rendering this judgment in years to come, constitutional scholars will take into account Congress's appalling suspension of habeas corpus, its approval of torture and rendition, and its abdication of its constitutional oversight responsibilities. These congressional failures, however, will not be seen as cover or justification for an executive branch run totally amok.