Bush has taken this disdain for law even further. He has sought to strip people accused of crimes of rights that date as far back as the Magna Carta in Anglo-American jurisprudence: trial by impartial jury, access to lawyers and knowledge of evidence against them. In dozens of statements when signing legislation, he has asserted the right to ignore the parts of laws with which he disagrees. His administration has adopted policies regarding the treatment of prisoners of war that have disgraced the nation and alienated virtually the entire world. Usually, during wartime, the Supreme Court has refrained from passing judgment on presidential actions related to national defense. The court's unprecedented rebukes of Bush's policies on detainees indicate how far the administration has strayed from the rule of law.
One other president bears comparison to Bush: James K. Polk. Some historians admire him, in part because he made their job easier by keeping a detailed diary during his administration, which spanned the years of the Mexican-American War. But Polk should be remembered primarily for launching that unprovoked attack on Mexico and seizing one-third of its territory for the United States.
Lincoln, then a member of Congress from Illinois, condemned Polk for misleading Congress and the public about the cause of the war -- an alleged Mexican incursion into the United States. Accepting the president's right to attack another country "whenever he shall deem it necessary," Lincoln observed, would make it impossible to "fix any limit" to his power to make war. Today, one wishes that the country had heeded Lincoln's warning.
Historians are loath to predict the future. It is impossible to say with certainty how Bush will be ranked in, say, 2050. But somehow, in his first six years in office he has managed to combine the lapses of leadership, misguided policies and abuse of power of his failed predecessors. I think there is no alternative but to rank him as the worst president in U.S. history.
(ht pie)