With a single action, the stroke of a pen, President Barack Obama has initiated a ripple that may grow to a tidal wave of change impacting the US government, its citizens and the world at large. President Obama signed an Executive Order effectively declaring an end to the Bush “War on Terror.” In addition, he nullified legal opinions issued by Bush Administration lawyers regarding Presidential powers purportedly engendered by the “war” since September 11, 2001. The ramifications of this seemingly small action could be immense.
Many scholars and legal experts have questioned or challenged the basis upon which Bush grounded his claims of executive prerogatives and power, by simply declaring a “War on Terror.” To invoke true legal war powers, under the Constitution, there must actually be a war. Moreover, Congress holds a vital role in declaring such measures. That is how the US government is supposed to work. Instead, Bush contrived a phony peril, based upon fabricated “intelligence” information and hyperbolic Elmer Gantry style demagoguery, and duped Congress into authorizing military force in Iraq. Because the power grab could not be sustained or justified by the situation in Iraq alone, especially after the non-existence of “weapons of mass destruction” was revealed, Bush chose to declare war on an amorphous indefinable enemy – i.e. terror. Since the enemy could never be defined, it could never actually be defeated. That permitted Bush the opening to pursue a strategy of unbridled executive power for as long as he wished.
The strategy was as clever and cynical as it was evil and immoral. Any attempt to challenge or even uncover government actions of questionable legality could be met with a refusal to disclose information on the basis of “national security.” Any legal challenge to action that was revealed would be met with efforts to suppress or arguments that any restraint on executive discretion would harm efforts to fight “terrorism.” People were kidnapped, imprisoned, tortured and killed in the name of the US government and for the purpose of waging this war on an enemy that could not be identified or defined. In Joe McCarthy style persecutions, individuals with “alleged ties” to subversive or terrorist groups were held in prisons without charges and without any civil or human rights guaranteed under the US Constitution and the Geneva Conventions and protocols for humane treatment of prisoners. And the American people were told that it was too much of a security risk for the public to know what types of actions were being taken in its name.
Obama called a swift halt to this cynical mentality, as he presaged in his Inaugural Address. He had told us that it was a “false choice” to declare that protecting our safety and security required abandoning and ignoring the fundamental Constitutional principles the country was built upon and the standards of human decency that the International Community considers basic. To those who still harbored belief in the potential fidelity to democratic ideals and possible embodiment of humanity in US government policies, Obama rewarded their hope at a time when it seemed that the government was capable of stooping to almost unimaginable lows.
Apparently convinced that the standards, ideals and principles that have served reasonably well for centuries under severe testing could still serve to resolve any current threats, Obama reaffirmed the public’s faith in the principles that have allowed the US to claim moral world leadership for decades. Those principles had been ignored or abandoned by the Bush Administration, who brought the US to a level of disrepute not seen in many decades, if ever.
There is still much work to do in cleaning up the mess created by the prior Administration. However, this small initial act provides the impetus for a cleansing wave to wash away the stains left by the Bush Administration. Those still within positions of responsibility now know that the sophistry and lame excuses that were previously used to justify improper actions will no longer be considered valid. If a policy or practice is to be continued, it must be justified upon sound Constitutional principles and supported by the rule of law. As Obama told us this past Tuesday, only when government is responsible and accountable will the American people and the world be able to once again place faith and confidence in its actions and its leadership. But Obama has rewarded hope that a change for the better is possible; and he has reaffirmed faith that the ideals and principles of government by and for the people are not totally moribund. We can only hope that the small ripple will gain substantial momentum, for the magnitude of dirt and stain to be swept away is not yet known. Indeed, a tidal wave may well be what is required for the country’s honor to be washed clean again.
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