George W. Bush has this thing about laws -- domestic or
international -- that disagree with him. He likes to operate outside
their embrace or withdraw from them or try to repeal them. It is not
just personal -- as when he costs taxpayers millions to pay for his
political trips on Air Force One before elections -- it also involves
the health, and safety of Americans and people abroad.
Bob Woodward relates in his new book on Bush and war that the
President admits to being a black and white person who makes decisions
from his gut. A dubious enough personality type for a football coach,
this trait raises serious concerns when imbedded in the
commander-in-chief of the most powerful arsenal on Earth.
Consider what this gut instinct has done to our constitutional
framework and the tenuous architecture of international law. Earlier
this year, Bush launched an all out offensive on Congress to have it
selectively surrender its exclusive constitutional authority to declare
war against Iraq. Despite heroic efforts from legislators led by
Senator Robert Byrd (D-WV), Congress supinely gave up its war-making
power to the White House.
Jefferson, Madison, Adams and company had distinct reasons for
refusing to lodge this power in the Presidency and instead wanted many
legislators in open session to make this awesome decision. They did not
want another King George emerging with this single-power launching war.
Throughout the year 2002, Bush made no secret of his desire to
unilaterally overthrow the Iraqi dictatorial regime (called "regime
change"). But the opinion polls were unflagging; the American people in
sizable majorities did not want the U.S. to go it alone.
OK said Mr. Bush; he'll go to the UN and have the Security Council
resume a rigorous inspection process in Iraq of weapons of mass
destruction. The other nations then insisted that if Iraq materially
breaches the UN resolution, the U.S. would go back to the Security
Council for any further action. Yet Bush made it clear that if the UN
did not act, the U.S., and its very few allies, would do so unilaterally.
It should be noted that in responding to Iraq's invasion of Kuwait
in 1990, Bush's more deliberative father, then President Bush, first
asked the UN for a resolution, then asked Congress, after the November
elections not before as did his son, for its approval the following January.
Treaties that deal with arms control or a real weapon of mass
destruction called global warming are irritants to our White House-based
west Texas sheriff. The Bush Administration has rejected the Kyoto
Protocol on climate change, declined to support the small arms treaty,
the land mines treaty and the verification protocol for the Biological
Weapons Convention. Mr. Bush refuses to submit the Comprehensive Test
Ban Treaty for ratification by the Senate which rejected it under
President Clinton. There are other similar avoidances.
Even in the area of health, Mr. Bush is indifferent. The
International Covenant on Economic, Social and Cultural Rights, which
130 countries have signed, has not received Mr. Bush's willingness to
send it to the Senate for ratification. What is objectionable about the
Covenant is that it has a "right to health" within its terms, along with
steps to attain this right to health incumbent on signatory nations.
The U.S. is the only western democracy without universal health care.
Perhaps no other area of American law has aroused more anger,
pre-9/11 -- in Mr. Bush's mind than the American civil justice system
which enables wrongfully injured children and adults to sue, among other
parties,the President's corporate friends when they sell dangerous or
defective products.
As Governor of Texas and as President, Bush has wanted to limit
corporate compensation for unlimited injuries, take away the authority
of the states and put it in Washington, D.C. and federally tie the hands
of state judges and juries who are the only ones who hear and see the
evidence in trials. Note, however, none of his so-called "tort reforms"
would take away the right of corporations to sue people or other companies.
It is the daily behavior of this one-track President that is
irritating even the usually compliant White House press corp. Day after
day, his repetitively belligerent sound bites and his unrevealed
"intelligence" declarations about Iraq have been wearing thin. A Los
Angeles Times poll on December 17th found that seventy two percent of
respondents, including sixty percent of Republicans, "said the President
has not provided enough evidence to justify starting a war with Iraq."
On October 11th, the Washington Post reported that the former
military commander for the Middle East, retired Marine Gen. Anthony C,
Zinni, is opposed "to a U.S.-led invasion of Iraq." Zinni believes Iraq
is already contained and that the U.S. has other priorities in the
Middle East. Adding that General Zinni is "widely respected in the U.S.
Military," the Post concludes its report by saying that a retired
three-star General said that Zinni's concerns "are widely shared by many
in the leadership of the military but aren't universal."
There are few doubts, however, among the covey of "chicken hawks"
surrounding Mr. Bush. These men, including Vice President Dick Cheney,
supported the Vietnam War in the Sixties but wanted other Americans to
do the fighting.
There is not much time before Mr. Bush declares a war with
scenarios far more costly, harmful and devastating then the "cake-walk"
scenario that is the premise of Mr. Bush's airborne electronic posse.
It could be a war fraught with severe longer term "blowback" impacts on
the U.S. and one that could seriously affect the economy, as Yale
Professor Nordhaus warned recently in the New York Review of Books.
It is testimony to the inherent sense of the American people that,
even in the midst of the Bush propaganda barrage, when asked if they
would support a U.S. unilateral invasion, with large civilian
casualities in Iraq, and significant casualties among our military
personnel, a large majority says no.
More Americans are wondering why Bush wants peaceful dialogue with a
North Korea that has more advanced arms, yet seeks war with a contained,
weakened and surrounded Iraq? But then, when decisions are made in the
gut, such inconsistencies can bound.
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