National Security and Presidential Power Controversies
Bush's presidency had been characterized by the unitary executive theory, which is a vigorous defense of "executive privilege", evidenced in such acts as signing Executive Order 13233, which suspends the release of presidential papers, tight control of Congressional inquiries into White House officers such as in the 9/11 Commission's interviews with Condoleezza Rice, Bush and Dick Cheney, and the generally high level of coordination between the White House, Congressional Republicans and Senate Republicans in both of Bush's terms. Many commentators have claimed that deference to executive privilege was one of the principal considerations in Bush's administration, when he proposed his three nominations for the Supreme Court, and appointed John R. Bolton to the United Nations.
Policies of the Bush administration have been criticized for subverting elements of the Constitution, violating treaty obligations, and obstructing justice. The suspension of habeas corpus for U.S. citizens was reversed by the Supreme Court in Hamdi v. Rumsfeld, 542 U.S. 507 (2004). Domestic spying has included undercover infiltration of political organizations with no suspected terrorist affiliations, telephone surveillance without a warrant, and the Carnivore program for internet surveillance. The policy of holding enemy combatants in a legal status, outside of either due process of criminal prosecution or the Geneva conventions for prisoners of war, created a legal limbo without a process for adjudication or appeal. The extraordinary rendition of an innocent citizen of Canada, to Syria, caused an international incident involving kidnapping, wrongful imprisonment and torture. The Cato Institute, a libertarian think tank, stated in a white paper that "President Bush's constitutional vision is, in short, sharply at odds with the text, history, and structure of our Constitution, which authorizes a government of limited powers."
Read more about this topic: George W. Bush's Second Term As President Of The United States
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