As expected, last week the Senate confirmed Alberto Gonzales as Attorney General of the United States. Unfortunately, school and family obligations prevented me from building on
part I of my conservative case against Gonzales' confirmation.
Although now it's too late, I believe its important for the American people to know about Mr. Gonzales' views on some very important issues - the Constitution, executive power, abortion, racial preferences, and illegal immigration to name just a few.
Race PreferencesAttorney General Gonzales
is a staunch supporter of race preferences.
As I noted last month, Gonzales played an instrumental role in watering-down the Bush Administration's legal brief in the University of Michigan race preferences cases (
Gratz and
Grutter).
Illegal ImmigrationGonzales believes, in a quite Orwellian fashion,
that illegal immigrants are "lawful citizens" (beats me, I'm still scratching my head). This view undoubtedly inspired professional Hispanic advocacy group, The National Council of La Raza,
to issue this endorsement.
AbortionLast week marked the 32nd anniversary of one of the most blatant and flagrant acts of judicial imperialism in the history of the United States - I'm referring, of course, to
Roe v. Wade, which completely usurped the rights of states and local communities to regulate abortion.
One of the major arguments put forth by conservative proponents of President Bush's reelection was the terrifying idea of John Kerry appointing three or four justices to the Supreme Court. In order to prevent such a disaster from happening Kerry had to be stopped by all means (conveniently ignored is the fact that seven of the nine justices currently on the Supreme Court were appointed by Republican Presidents). Conservatives then, no matter how disgusted they were with Bush's fiscal irresponsibility, pandering on illegal immigration, and big government policies, were obligated to vote for him.
Enter Alberto Gonzales. When asked during his confirmation hearing for his views on
Roe v. Wade, Gonzales replied:
Of course, the Supreme Court has recognized a right of privacy in our Constitution, and in Roe the court held that that right of privacy includes a woman's right to choose to have an abortion. A little over a decade ago, the court, in Casey, had an opportunity to revisit that issue. They made a -- they declined to overturn Roe, and of course made a new standard that any restriction that constituted an "undue burden" on a woman's right to choose could not be sustained. My judgment is that the court has had an opportunity -- ample opportunities -- to look at this issue. It has declined to do so. And as far as I'm concerned, it is the law of the land and I will enforce it.
A pretty remarkable statement from a nominee of a supposedly "pro-life" President - Of course,
as I've documented elsewhere, the idea that this President is some sort of radical pro-lifer, hell bent on rolling back abortion rights, is just not supported by any rational consideration of the evidence.
Where are the conservatives in all of this? One can only echo 2004 Constitution Party Presidential candidate
Michael Peroutka, who asks:
Where’s the outrage at Judge Gonzales’ refusal to say anything critical of the Roe v. Wade decision which is, arguably, the most appalling, un-Constitutional example of “judicial activism” in Supreme Court history --- a decision which simply invented a “right to privacy” which has resulted in the killing/murder of more than 40 million innocent unborn babies?
Its a good question and I'd love to hear a legitimate response to it that does not include the obligatory gestations about "the lesser of two evils" and fear mongering about the specter of a Kerry Administration. I cannot, for the life of me, think of a Kerry nominee responding to the question in any other way - American conservatives voted for
this? Remarkable.
The Constitution and Executive PowerAside from his strident support of
Roe, perhaps the most disturbing thing about Gonzales are his views on the Constitution and executive power. In 2002, Gonzales cleared a US Department of Justice memorandum which argued that laws banning torture do "not apply to the president's detention and interrogation of enemy combatants" - a blatant assault on the principles enunciated not only in the Constitution, but Magna Carta as well - the idea that no one, not even Presidents are above the law. When given a chance to fully state his position during the Senate Judiciary Committee's confirmation hearing, Gonzales had this exchage with Senator Pat Leahy (D-VT):
SEN. LEAHY: Well, let me then ask you: If you’re going to be attorney general, and I’ll accept what you said, then let’s put on the hat, if you’re going to be confirmed as attorney general. The Bybee memo concludes that a president has authority as commander in chief to override domestic and international law as prohibiting torture and can immunize from prosecution anyone — anyone — who commits torture under his act; whether legal or not, he can immunize them. Now, as attorney general, would you believe the president has the authority to exercise a commander-in-chief override and immunize acts of torture?
MR. GONZALES: First of all, sir, the president has said we’re not going to engage in torture under any circumstances. And so you’re asking me to answer a hypothetical that is never going to occur. This president has said we’re not going to engage in torture under any circumstances, and therefore, that portion of the opinion was unnecessary and was the reason that we asked that that portion be withdrawn.
SEN. LEAHY: But I’m trying to think what type of opinions you might give as attorney general. Do you agree with that conclusion?
MR. GONZALES: Sir, again —
SEN. LEAHY: You’re a lawyer, and you’ve held a position as a justice of the Texas Supreme Court, you’ve been the president’s counsel, you’ve studied this issue deeply. Do you agree with that conclusion?
MR. GONZALES: Senator, I do believe there may come an occasion when the Congress might pass a statute that the president may view as unconstitutional. And that is a position and a view not just of this president, but many, many presidents from both sides of the aisle. Obviously, a decision as to whether or not to ignore a statute passed by Congress is a very, very serious one, and it would be one that I would spend a great deal of time and attention before arriving at a conclusion that in fact a president had the authority under the Constitution to —
SEN. LEAHY: Mr. Gonzales, I’d almost think that you’d served in the Senate, you’ve learned how to filibuster so well, because I asked a specific question: Does the president have the authority, in your judgment, to exercise a commander-in-chief override and immunize acts of torture?
MR. GONZALES: With all due respect, Senator, the president has said we’re not going to engage in torture. That is a hypothetical question that would involve an analysis of a great number of factors.
As distrubing as Gonzales' disregard for the principle of equality under the law and the idea that one man is above that law, was Gonzales' response to a series of Leahy questions centered on the issue of the indefinite detainment of so-called "enemy combatants", particularly when those "enemy combatants" happen to be American citizens. Apparently, ladies and gentlemen, "the people's attorney" believes the President of the United States has the power to slap the label "enemy combatant" on an American citizen, jail him or her, and essentially throw away the key - to hell with due process and access to legal counsel. Think I'm merely employing hyperbole? Think again.
SEN. LEAHY: I asked you if the president has that. Now in Hamdi, of course, they were talking about the -- oh, the AUMF, the Authorization for the Use of Military Force. The Congress had voted on -- for military force in Afghanistan. Hamdi was picked up in Afghanistan.We had a second case, Padilla. There the court kind of punted it. They didn't answer the question. They said the jurisdiction was wrong; it was brought in the wrong court, should have been brought habeas corpus in another court.All I'm asking: Does the president -- the president -- today have the authority to hold a U.S. citizen incommunicado for an indefinite period of time in the United States?
MR. GONZALES: Well, the president does have the authority, under Hamdi -- that's what the court said -- is he could hold an American citizen -- let me be very, very clear. The United States government never took the position that a U.S. citizen detained by its government could not challenge the detention by the government.
SEN. LEAHY: But if you're held incommunicado and have no access to a lawyer or a court, isn't that kind of saying, "Yes, you could appeal to everywhere else, but we're not going to let you out of the cell, we're not going to let you talk to anybody, we're not going to let you have the court. We just want you to know you got all your rights."
MR. GONZALES: Senator, with -- respectfully, not only did Hamdi have access to the courts, he had such good access and such good representation by counsel that his case was heard all the way by the highest court in the land.And so the decision as to whether or not to provide access to counsel is probably one of the most difficult decisions that we have to confront, because there are competing interests here. As a lawyer, I have a great deal of concerns about not providing lawyers to American citizens that are being detained by this country. On the other hand, there's a competing interest of gathering information that this American citizen, this enemy combatant, may have information that may save the lives of American citizens. And our position has been -- is that we provide counsel as quickly as possible --
SEN. LEAHY: Well, that's --
MR. GONZALES: -- that the American citizen -- I'm sorry, Senator. I didn't mean to interrupt you.
SEN. LEAHY: No, no. I was just going to say we can go back to that, and we'll have to, because we're talking about a perfect world. If you do a dragnet, as we found out in some of these dragnets where people are held for a long time, we say, "Whoops, we got the wrong guy." We have --
SEN. SPECTER: Judge Gonzales, did you finish your last answer? Feel free, if you want to.
MR. GONZALES: That's fine. Thank you, Senator.
Conclusion
Needless to say, it will be interesting to monitor the exploits of Attorney General Gonzales over the course of the next four years. The prospects for those who adhere to the principles enunciated in the Constitution and the Bill of Rights do not look particularly bright at this point. It is very clear that, unlike our forefathers, Gonzales believes the Constitution is a "living" document and that the rights guaranteed by the Bill of Rights are essentially malleable to the changing of the political wind.
That this is a repudiation of historic conservative political philosophy should be obvious to any rational person no matter their ideological persuasion. Conservatives have traditionally held that our God-given rights are, as the Declaration of Independence declares, inalienable and that the only legitimate function of the state is protect those rights. Gonzales does not believe this and therefore he is simply not a conservative - no matter how many times Sean Hannity or Rush Limbaugh might claim otherwise.
Addendum (2/15/2005)
Not that this comes as any sort of surprise, but apparently Alberto Gonzales doesn't have much use for another one of the first ten amendments to our Constitution - the second:
The president has made it clear that he stands ready to sign a reauthorization of the federal assault weapons ban if it is sent to him by Congress. I, of course, support the president on this issues.
I like
the Southern Party of Georgia's response:
This is disturbing. The Bush Administration nominee for Attorney General has his own version of the 2nd Amendment. He apparently has made a slight modification to the wording contain the real Constitution. According to the Gonzales's version of the Second Amendment it reads:
" ... shall be infringed."
Folks the 2nd Amendment is so clear, " ... shall not be infringed." Our Founding Fathers could have come up with different wording ... For example they could have used something like " ... shall be determined by Congress." or " ... shall be determined by President." But they did not. Ooopppss there is that word that both Bush, Gonzales, and many Republican and Democratic members of Congress seem to overlook - "NOT."
Our Founding Fathers also made provisions for changing the Constitution, Bush and Gonzales should read these provisions. If they disagree with the existing 2nd Amendment they should propose an Amendment - they should NOT just ignore the existing Constitution.
Not that this President's and this Administration's ignorance of the Constitution is new. It was ignored when the President of the United States took this country to war against an impoverished third world nation, crippled by decades of economic sanctions without a declaration of war from Congress, when he signed campaign finance reform into law, and when he helped nationalize education by supporting and signing the No Child Left Behind Act. All indications point towards four more years of more of the same - more fiscal recklessness, more constriction on freedom at home while "expanding liberty" by force of arms abroad, and aggrandizement of power in the centralized state.
Our pledge, here at The Last Angry Men, is to do whatever we can to expose, oppose, and repel this breathtaking drift away from the philosophy that governed the founding of this Republic. In this effort there will be no sacred cows on the Left or Right and no placement of party over principle - only a dedication to exposing the truth about government power and human nature.