accountabilitybloke (old blog)

we have moved to mjdubnick.dubnick.net/blog

Sunstein for Attorney General…and/or Justice of Supreme Court

The CEO model of the US presidency implied in the unitary executive theory has become so ingrained in our governance psyche that it clearly shapes the  rhetoric of campaigns such as the one we have just been through. I cringe whenever I hear the cliche of choosing between the lesser of two evils, but often that is the case when it comes to the presidency. Both candidates tend to play to the biggest base of them all: a public that is blindly committed to the idea that we have (and should have) a White House-centered system.

I suspect I am far from the typical “liberal” in my commitment to an “anti-unitary” theory of executive power — and a view of the American constitutional system as Article I (Congress) centered. Whatever might be owed to the heroic ideal fostered by the Roosevelt (TR as well as FDR) presidencies, the past 8 years demonstrate the wisdom of a more “conservative” notion of US governance. (Damn the labels!)

[Interestingly, the individual perhaps most responsible for pushing the unitary theory in practice, David Addington (he of the soon-to-be-history Dick Cheney regime) claims to “not know” what it is — unless you ask him the right way. See http://tinyurl.com/6xuc4f.]

For all the rhetoric of the Obama platform and campaign that implies a belief and commitment to the CEO model, I found flashes of a real understanding in some of his comments during the race that give me some hope of a commitment to bring some sanity and balance back into the separation of powers. His most direct response to issues raised in this regard are found in December 2007 interview: http://tinyurl.com/35jo46. (Also see http://tinyurl.com/6484qz.)

The other indication that Obama may bring the practice of executive power back in line is his (alleged) close relationship with Cass Sunstein — an brilliant scholar/lawyer who has (along with Lawrence Lessig, of “Code” fame) provided us with the clearest analysis of the theory and its problematics (see http://tinyurl.com/5rg7gs for Sunstein blog post on issue).

Which makes me think that Cass Sunstein would make one hell of an Attorney General — if not a great Supreme Court Justice.

November 5th, 2008 Posted by | accountabilitybloke | one comment