Structure is the key to sustainability, or, Time's up already!

Edward, of Obsidian Wings, links to an excellent comparison of Bush's use of extra-legal maneuvers in the "War on Terror" with other presidents in time of war. Specifically, that while many of those presidents suspended civil rights to address an imminent threat, they un-suspended those rights when the threat was no longer imminent. In the case of Lincoln, when he realized the Civil War was going to last a fair piece longer than expected, he went to Congress to legally authorize his suspension of Habeas Corpus.

But Rauch's comparison of Bush with Madison -- who faced an invasion of U.S. territory by a superior force -- is especially pertinent.

The notable exception among wartime presidents was James Madison. Though the War of 1812 was a dire crisis (New York was invaded, New Orleans was attacked, Detroit fell, the White House itself was burned), Madison undertook no extra-legal maneuvers. Toward the end of his long life, he reflected that the American Framers were distinguished not by their understanding of rights but by their appreciation of institutions. "The rights of man as the foundations of just government had been long understood," he said, "but the superstructures projected had been sadly defective." Structure, Madison understood, was the key to sustainability.

Bush keeps a bust of Winston Churchill in his office. But after four years, World War II was ending and Churchill was soon to be thrown out of office. The war on terrorism is still just beginning, and Bush has three years left. If only someone would give him a bust of Madison.

Rauch warns of a backlash when wars go on too long and the government's extra-legal tactics for "fighting" it get too outrageous. Of course, with Republican "public intellectuals" making such noise in the Mighty Wurlitzer, that backlash may be delayed.