Eric F. Goldman Quotes
Is there really a way to restrict the powers of the Commander in Chief ... when one man's swiftly pressing the button may be necessary for some degree of national survival?
Eric F. Goldman, 1915-1989, Historian, Presidential Assistant (Democrat), "The President, the People, and the Power to Make War," in Falk,
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Alberto Gonzalez, White House Counsel and later Attorney General who was forced to resign and David S. Addington, Counsel to the Vice President, had come up with a novel view of the powers of the presidency. They argued that since the President is the Commander in Chief, in a war situation or intelligence gathering thereto, has the Constitutional responsibility for that function, he need not obey any laws of Congress as in the conduct of the war Congress would be impinging on the Constitutional separation of powers which itself was prohibited by the Constitution. The argument did not find any significant legal support but for a while the George W. Bush White House behaved as if this were the law, despite the fact that even in the American Revolution and the War of 1812 Congress passed laws regulating the conduct of the armed forces as is provided for in other parts of the Constitution. Yet even Goldsmith would allow the President some powers that many think are unconstitutional and/or belong to Congress. See {32436}.
Actually, there are many in politics who to this day castigate Truman for his decision, but for Bloomberg’s generation and before, anyone would have pushed the button. And there are some who still fault Obama as technically, the U. S. had no right to violate Pakistani airspace and kill a resident of their state without any due process in the U. S. or Pakistan. Bloomberg would have easily pushed that button, but there are many officials who warned against it, and earlier Presidents—George W. Bush and Bill Clinton who did not authorize assassinations in foreign (allies) countries.
President George W. Bush had ordered NSA agents to bug the phones and email of American citizens who might have been talking with an overseas party or e-mailing them out of the country. The administration thought that American citizens might be part of terrorist sleeper cells or unwittingly were aiding terrorists. The law prohibited such activity—where American citizens were involved—without getting a court order. However, the President claimed that he had the inherent power as commander in chief of exempting the court requirement. Others maintained that even the President is not above the law. What was the big puzzle was that there was a secret court Congress had established just for such cases, but the administration instead decided to bypass the court.
Eric Frederick Goldman was an American historian, Rollins Professor of History at Princeton University, and Presidential advisor.
