The right's explicit and candid rejection of "the rule of law"


The conservative movement is certainly not a static essence but like any social phenomenon undergoes change. The one thing that does not change, however, is the constant "reality" of grave crisis against enemies without and within. One of the things that does change is the nature of the solution to the eternal crisis.

Glenn Greenwald at Salon writes this must read post. Is it a surprise? Well, not really. But it is so bold, so out there and so shameless. His comments on the MSM takes the issue to its logical conclusion: we can't even talk about it.

Continued after the jump.

The Wall St. Journal online has today published a lengthy and truly astonishing article by Harvard Government Professor Harvey Mansfield, which expressly argues that the power of the President is greater than "the rule of law."

The article bears this headline: The Case for the Strong Executive -- Under some circumstances, the Rule of Law must yield to the need for Energy. And it is the most explicit argument I have seen yet for vesting in the President the power to override and ignore the rule of law in order to recieve the glories of what Mansfield calls "one-man rule."

And this:

I just want to add one related point here. Much of the intense dissatisfaction I have with the American media arises out of the fact that these extraordinary developments -- the dominant political movement advocating lawlessness and tyranny out in the open in The Wall St. Journal and Weekly Standard -- receive almost no attention.

While the Bush administration expressly adopts these theories to detain American citizens without charges, engage in domestic surveillance on Americans in clear violation of the laws we enacted to limit that power, and asserts a general right to disregard laws which interfere with the President's will, our media still barely discusses those issues.

They write about John Edwards' haircut and John Kerry's windsurfing and which political consultant has whispered what gossip to them about some painfully petty matter, but the extraordinary fact that our nation's dominant political movement is openly advocating the most radical theories of tyranny -- that "liberties are dangerous and law does not apply" -- is barely noticed by our most prestigious and self-loving national journalists. Merely to take note of that failure is to demonstrate how profoundly dysfunctional our political press is.


LJ May 3, 2007 - 12:21pm
( categories: Opinion | USA: Domestic Issues )

This mostly a consequence not merely of a right wing de facto coup d'état that the press has accepted but also of an abdication of responsibility of the American people who were lulled to sleep by the "Bush Doctrine" of "Ask No Sacrifice." It started with the the notion after Vietnam that having a professional army instead of a draft would be a good idea, in spite of the lessons of history that a professional army is essentially a mercenary force rather than a citizen force. For democracy to survive there MUST be a citizen army. On the other hand, empires REQUIRE a mercenary force rather than a citizen army.

Post-Vietnam that Right realized that they had to do away with the citizen army and replace it with a "professional army." The next step was to privatize it with a proliferation of "contractors" AKA mercenaries. Of course, that's expensive, and it's where empire runs into trouble when it has to tax the public to pay for the army. So, the BushCO answer was to put it all on the tab and keep the war off the official budget.

The American public has been all to willing to go along with this because it wasn't required to pay for it directly in the blood of their own children and treasure in the form of higher taxes. Rather, the dead and wounded could be justified on the basis that they volunteered for it, and while few liked the idea of bigger debts, no one wanted to pay higher taxes.

So until American face up to paying for wars as they fight them, ending the "professional" (mercenary) force and privatization of public responsibility, as well as re-instituting a citizen army, democracy is at risk. Why should the news media tell the people what they obviously don't want to hear -- until it's too late.

tjfxh May 3, 2007 - 2:29pm

Besides, Prof. Mansfield would backtrack in a second if the omnipotent Prez suddenly decided to revoke his tenure at Harvard (assuming he has tenure, I did not look him up).

creativelcro May 3, 2007 - 3:12pm

Harvey Manfield is a significant part of the academic wing of current conservativism. My read on the American conservative movement is that it relies on its stable of academics for the generation of its ideology and of disseminating its ideology to others. He is highly regarded.

My read on him is that he speaks for a constituency. He provides intellectual cover for those who wish to carry forward his ideas. Conservatives, to their credit, do attempt to establish intellectual credibility.

LJ May 3, 2007 - 5:03pm

in pursuing scientific bases for racial discrimination - and eventually extermination.

There's no "credit" to be given for such. Evil is as evil does - not as evil argues. The litmus test is the morality behind the idea, not the intellect.

Escher Sketch May 3, 2007 - 8:19pm

Conservatives, to their credit, do attempt to establish intellectual credibility.

Good point. Strike that from the record!

LJ May 3, 2007 - 9:07pm

From the National Review Online, Thomas Sowell has gotten some attention for this article entitled, Don’t Get Weak.

When I see the worsening degeneracy in our politicians, our media, our educators, and our intelligentsia, I can’t help wondering if the day may yet come when the only thing that can save this country is a military coup.

An article in the WSJ and in NRO within a couple of days of each other introducing the need for a strong man or a junta? I will be looking for some kind of ratcheting up this theme if it is to be part of one of the new right wing themes. I hope to hear NOTHING more.

Hannity: Today, we have with us the distinguished Professor from Harvard of all places, Dr. Harvey Mansfield. Welcome, Professor.

HM: Thank you, Shawn, it is good to be with you.

SH: I gotta tell 'ya. Your article in the Wall Street Journal caught my eye. I mean, it sounds like you want a dictator. That sounds so completely un-American.

HM: First of all, Shawn, I am not asking for a dictator, but I am pointing out our need to save freedom from its many enemies. Sometimes ...

LJ May 3, 2007 - 9:21pm

it is a media assault and talking point for the unitary executive. I prefer to think of it as the last gasp of a suffocating party.

Tina May 3, 2007 - 9:26pm

Hehehehe - they'd better hope there's no military coup in the US - it would in all likelihood be aimed at deposing them.

Escher Sketch May 3, 2007 - 10:08pm

to a neighbor's house a few blocks away. A passing car caused it to panic. Now, mind you, I had a seriously tight grip on my little sweetie! She just about tore me apart--and she is declawed.

What's my point? Oh, ya. It's about that "the last gasp of a suffocating party" thing. These people have some pretty weird friends with access to some extremely big weapons. You know like as in "My God is bigger than your god". That kind of mindset.

OK, time for bed. I gotta another date with my nightmare.

LJ May 3, 2007 - 11:22pm

With Bush's approval ratings, plus the amount of guns floating around in the US, plus the National Guard and most of the military tied up deployed overseas - leaving personal integrity completely aside, the GOP itself would garotte them before they let them make such an instantly-doomed-to-failure bid; they certainly wouldn't fancy going from holding three branches of government to being an unelectable crank pariah party within the same decade.

Escher Sketch May 4, 2007 - 12:11am

When the militia movements, which have been taking it easy for the last 6 years, will re-emerge at the threat to their civil liberties posed by, say, repeal of the Patriot Act, or additional controls on FISA.

And if you can't figure out why it can't be called cognitive dissonance, well, you just might be one of them.

Gordon May 4, 2007 - 10:14am

Manliness in action On Colbert.

loganexx May 4, 2007 - 9:14am

with apologies to Paul Tillich, in putting up this Harvey Mansfield post is around the general topic of how the unspeakable gains traction in the public square. Just think of how the policies and practices of the current administration were only thoughts in the minds of various right wing "fringe" thinkers some years or even decades ago.

What new futures are now being cooked up these dark minds who have controlled the debate in this country since WWII?

LJ May 4, 2007 - 11:15am

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