Alito and the Imperial Presidency

Howard Fineman first suggested last week that "snoopgate" would and should raise flags when it comes to Judge Samuel Alito's nomination to the Supreme Court. Well the New York Times has a good editorial this morning, Alito's Zeal for Presidential Power, which addresses the issue.

With the Bush administration claiming sweeping and often legally baseless authority to detain and spy on people, judges play a crucial role in underscoring the limits of presidential power. When the Senate begins hearings next month on Judge Samuel Alito, President Bush's Supreme Court nominee, it should explore whether he understands where the Constitution sets those limits. New documents released yesterday provide more evidence that Judge Alito has a skewed view of the allocation of power among the three branches - skewed in favor of presidential power.

One troubling memo concerns domestic wiretaps - a timely topic. In the memo, which he wrote as a lawyer in the Reagan Justice Department, Judge Alito argued that the attorney general should be immune from lawsuits when he illegally wiretaps Americans. Judge Alito argued for taking a step-by-step approach to establishing this principle, much as he argued for an incremental approach to reversing Roe v. Wade in another memo.

The Supreme Court flatly rejected Judge Alito's view of the law. In a 1985 ruling, the court rightly concluded that if the attorney general had the sort of immunity Judge Alito favored, it would be an invitation to deny people their constitutional rights.

In a second memo released yesterday, Judge Alito made another bald proposal for grabbing power for the president. He said that when the president signed bills into law, he should make a "signing statement" about what the law means. By doing so, Judge Alito hoped the president could shift courts' focus away from "legislative intent" - a well-established part of interpreting the meaning of a statute - toward what he called "the President's intent."

The threat Alito represents to this nation is that he is apparently in agreement with Dick Cheney that what this country needs is a president with almost limitless powers, AKA a tyrant. And I hope that Fineman is correct when he says that Alito will have some new opposition as a result of the Bush administrations power grab.

If you thought the Samuel Alito hearings were going to be contentious, wait till you see them now. Sen. Arlen Specter, the prickly but brilliant chairman of the Senate Judiciary Committee, has said that the issue of warrant-less spying by the NSA — and the larger question of the reach of the president’s wartime powers — is now fair game for the Alito hearings. Alito is going to try to beg off but won’t be allowed to. And members who might have been afraid to vote against Alito on the abortion issue might now have another, politically less risky, reason to do so.

So what we may see is a united front of Democrats and the few remaining "original" Republicans blocking the Alito nomination. We can only hope that will be the case as we already know where Cheney's friend and fellow fascist Scalia stands on a Mussolini like presidency.