The Pendragon's Hall

Triumph at last. Just hours before President Bush is slated to deliver his annual message to Congress, his Supreme Court nominee is confirmed 58-42. Four Democrats and one Republican crossed the line. Jack Reed (D-R.I.) says Justice Alito's view of the Constitution worries him. I'm guessing he means by that the idea that the Constitution is the supreme law of the land instead of Roe v. Wade. The issue seems to be the expansion of presidential power in times of war. The downright lack of substance in this argument is mind-boggling. The Constitution is amazingly vague on presidential power: article II declares, "The executive power shall be vested in a president of the United States..." and then throws out a few particulars such as his being commander-in-chief and head diplomat. It fell largely to the first president, and his subsequent successors, to map out what this meant. From the beginning the President took some pretty bold steps. There was an excellent article in US News and World Report last week on the history of presidential power during wartime. It shies away, as well it should, of endorsing President Bush's interpretation of those powers but it does the entire country the favor of placing it in its proper historical context: as nothing unusual. Presidents from Washington to Madison to Lincoln to FDR have broadly taken presidential power, especially in times of national crisis and they are now considered our greatest presidents. This doesn't make Bush's actions right but it does give the lie to the unoriginal and frankly unintelligent idea that his policy is somehow a departure from traditional presidential power. He's in good company.