Mitt Romney's pursuit of tyrannical power, literally

Glenn Greenwald

Dec. 23, 2007 | In yet another superb piece of journalism, the peerless Charlie Savage of The Boston Globe submitted to the leading presidential candidates a questionnaire asking their views on 12 key questions regarding executive power. Savage's article accompanying the candidates' responses makes clear why these matters are so critical:

In 2000, George W. Bush and Dick Cheney were not asked about presidential power, and they volunteered nothing about their attitude toward the issue to voters. Yet once in office, they immediately began seeking out ways to concentrate more unchecked power in the White House -- not just for themselves, but also for their successors. . . .

Legal specialists say decisions by the next president -- either to keep using the expanded powers Bush and Cheney developed, or to abandon their legal and political precedents -- will help determine whether a stronger presidency becomes permanent.

"The sleeper issue in this campaign involves the proper scope of executive power," said Richard Epstein, a University of Chicago law professor.

But by far the most extraordinary answers come from Mitt Romney. Romney's responses -- not to some of the questions but to every single one of them -- are beyond disturbing. The powers he claims the President possesses are definitively -- literally -- tyrannical, unrecognizable in the pre-2001 American system of government and, in some meaningful ways, even beyond what the Bush/Cheney cadre of authoritarian legal theorists have claimed.

After reviewing those responses, Marty Lederman concluded: "Romney? Let's put it this way: If you've liked Dick Cheney and David Addington, you're gonna love Mitt Romney." Anonymous Liberal similarly observed that his responses reveal that "Romney doesn't believe the president's power to be subject to any serious constraints." To say that the President's powers are not "subject to any serious constraints" -- which is exactly what Romney says -- is, of course, to posit the President as tyrant, not metaphorically or with hyperbole, but by definition.

Each of the questions posed by Savage is devoted to determining the extent of presidential power the candidate believes exists and where the limits are situated. On every issue, Romney either (a) explicitly says that the President has the right to act without limits of any kind or (b) provides blatantly nonresponsive answers strongly insinuating the same thing.

Just go and read what he wrote. It's extraordinary. Other than his cursory and quite creepy concession that U.S. citizens detained by the President are entitled to "at least some type of habeas corpus relief" -- whatever "some type" might mean (Question 5) -- Romney does not recognize a single limit on presidential power. Not one.

And even with regard to his grudging allowance that American citizens should have "some type of habeas relief," Romney -- and only he -- implicitly endorses Alberto Gonzales' bizarre claim that -- despite the clear language of Article I, Section 9 -- "nothing in the Constitution confers an affirmative right to habeas corpus" (Question 9). Under this twisted Romney/Gonzales view, the right of habeas corpus -- which Thomas Jefferson described as "one of the essential principles of our government" and "the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution" -- is not constitutionally guaranteed to Americans but can be revoked at any time, for any reason.

In every area, Romney explicitly says that neither laws nor treaties can limit the President's conduct. Instead, displaying the fear-mongering cowardice that lies at the heart of Bush/Cheney Republican power, Romney described the root of his view of the world this way: "Our most basic civil liberty is the right to be kept alive."

Romney recited that cowardly platitude -- what has now become the shameful flagship of the Republican Party -- in response to being asked whether the President has the power to eavesdrop on Americans without warrants even in the face of a law that makes it a crime to do so. At its core, the defining principle of the Republican Party continues to be a fear-driven repudiation of the American ethos as most famously expressed by Patrick Henry, all in service of keeping the citizenry in fear so the President can rule without limits.

These are just some of the powers which Romney -- and, among the respondents, Romney alone -- claimed the President possesses, either by explicitly claiming them or refusing to repudiate them when asked directly:

* to eavesdrop on Americans with no warrants, even if doing so is in violation of Congressional law (Question 1);

* to attack Iran without Congressional authorization, even in the absence of an imminent threat (Question 2);

* to disregard a congressional statute limiting the deployment of troops (Question 3);

* to issue a signing statement reserving a constitutional right to bypass laws enacted by Congress (Question 4);

* to disregard international human rights treaties that the US Senate has ratified where said treaties, in his view, "impinge upon the President's constitutional authority" (Question 8)

A President should decline to reveal the method and duration of interrogation techniques to be used against high value terrorists who are likely to have counter-interrogation training. This discretion should extend to declining to provide an opinion as to whether Congress may validly limit his power as to the use of a particular technique, especially given Congress's current plans to try to do exactly that.

Underscoring his authoritarian mentality, Romney refused to say that there was even a single "executive power the Bush administration has claimed or exercised that [he] think[s] is unconstitutional" or even that there were any which were "simply a bad idea" (Question 10). In Romney's view, the Leader has not erred at all. Rather, this is the caricature of a response he gave to that question:

The Bush Administration has kept the American people safe since 9/11. The Administration's strong view on executive power may well have contributed to that fact.

In a Washington Post Op-Ed this morning, historian and George Washington biographer Joseph Ellis labels Dick Cheney's quest for limitless presidential power "historically myopic" and writes:

Your opinion on the current debate about how much power the executive branch should have will be significantly influenced if you read the debates about the subject in the Constitutional Convention and the states' ratifying conventions. For it will soon become clear that the most palpable fear that haunted all these debates was the specter of monarchy.