Wednesday, September 12, 2007

Executive Power and the Protect America Act

The criticism of expanded executive power continues:

Tim Roemer, an ex Congressman from Indiana and member of the 9/11 Commission, writes today to criticize Congress' willingness to kowtow to presidential power in the Protect America Act, which it passed in August, and revised the Foreign Intelligence Surveillance Act.

Rather than criticize the actual expanse of power however, Roemer seems to be most concerned that it has been done without similar increases in the power of the other two branches to oversee executive actions and hold presidents accountable.

He bases his argument on the framer's efforts to ensure that power remains balanced. My 2301's and 2302's should recall that balanced, separated power was argued to be the best way to both provide for individual liberty and ensure that a home grown tyranny would not evolve over time.

According to the law, judges will no longer have oversight authority over the executive's intelligence gathering, only other executive officials will have that power and will not have the incentive to do so. Intelligence will also be focused more on domestic targets, which creates opportunities for abuse--something that presidents have not been shy about doing in the past and are capable of doing again.

His article also provides a great overview of the thicket of agencies involved in this policy.