Sovereign Impunity

In: The independent review: journal of political economy, Volume 12, Issue 4, p. 485-517

Abstract

Traces actions of the US Congress, the President, & the Supreme Court that have led to the gradual erosion of constitutional limits on the government's power & have allowed the legislative, executive, & judicial branches to act with near impunity. Four congressional actions that highlight Congress's willingness to violate the Constitution & expand the government's power at the expense of individual liberty are examined: the Bipartisan Campaign Reform Act; reauthorization of the USA PATRIOT Act; the alternative minimum tax; & REAL ID legislation. It is also shown that President George W. Bush has greatly increased presidential power through the use of "presidential signing statements" that undermine the Constitution & the rule of law by allowing him to gain political will by signing a bill while surreptitiously gutting it. Other actions, such as his secret authorization of domestic electronic surveillance, are described, along with several Supreme Court cases that have disregarded constitutional limits on government power. Various dynamics of public choice that have encouraged the increase in national government power are discussed. References. J. Lindroth