A man who preaches the so-called politics of change should be putting torture, rendition, warrantless wiretapping, abrogation of citizens’ Fourth and Fifth Amendment rights, and further expansions of Executive Power in front of the American people every day until his inauguration. He should be detailing how he will deal with such unconstitutional acts. If he doesn’t want to do it himself, a member of his transition team can talk about these on a daily basis, but these issues must be discussed in the public sphere from now until January 20th and after.
Unfortunately, a few of Bush's executive orders will most likely not be overturned because Obama has agreed to continue Bush's policy of faith-based initiatives and "war on terror" in Afghanistan. Obama’s FISA compromise over the summer means it is also possible that executive orders concerning intelligence gathering might be left alone also.
Political expediency must not be allowed to put a damper on what is done to fix the mess Bush’s executive orders has created for America.
There are many executive orders that need “review.” Obama should diligently and comprehensively address all of them.
Lawyers and citizen groups should compile a list of executive orders which Obama should overturn.
Such lists could influence Obama and also be used to restore the Constitution or our nation’s rule of law.
The American Civil Liberties Union (ACLU) is already hard at work making a to do-list for Obama. They are holding a national telephone town-hall meeting with progressive activists tonight as part of its effort to push the Obama administration to "bring about much-needed change to this country." Anthony Romero and Caroline Fredrickson wil discuss what the group's supporters can do during the transition period to "hold the Bush administration accountable" and to force the incoming Obama team to "restore civil liberties."
The ACLU has launched a campaign to pressure Obama to close the detention centers at Guantanamo Bay on day one of his presidency and to convince the president-elect to sign executive orders on Jan. 20 which would end the use of torture and the practice of extraordinary rendition.
The ACLU has said, "There is no room for patience or delay in these areas. We have to hold President-elect Obama's feet to the fire if we're going to turn hope into reality," said Romero in a press release.
Americans should support the ACLU and hold actions of their own which demand that hope be turned into reality---which demand that real changes be implemented
We should also hope that one day Obama might emerge with a Constitution sticking out of a pocket on the lapel of his suit. This would be a shining moment for liberty and a striking blow to those who worked to subvert democracy over the past eight years.
Below is an overview of Bush’s executive orders issued while he was president. The overview specifically addresses the constitutionality of the executive orders.
A Brief Overview of Bush’s Executive Orders
Bush’s first executive order, the Establishment of the White House Office of Faith-Based and Community Initiatives, is thought by Americans United for Separation of Church and State and the American Civil Liberties Union to violate the Establishment Clause since it uses tax money to fund religion.
Some point after that, Bush issued an executive order allowing for domestic spying of American citizens to commence at the NSA, a clear violation of law. This was prior to September 11th, 2001.
The events on September 11th provided the pretext for the Bush administration to establish the apparatus needed to “combat terrorism” or pursue other goals domestically and internationally.
