Mr. President, when the President of the United
States breaks the law, he must be held accountable. That
is why today I am introducing a resolution to censure
President George W. Bush.
The President authorized an illegal program to spy on
American citizens on American soil, and then misled
Congress and the public about the existence and legality
of that program. It is up to this body to reaffirm the
rule of law by condemning the President's actions.
All of us in this body took an oath to support and
defend the Constitution of the United States and bear
true allegiance to the same. Fulfilling that oath
requires us to speak clearly and forcefully when the
President violates the law. This resolution allows us to
send a clear message that the President's conduct was
wrong.
And we must do that. The President's actions demand a
formal judgment from Congress.
At moments in our history like this, we are reminded
why the founders balanced the powers of the different
branches of government so carefully in the Constitution.
At the very heart of our system of government lies the
recognition that some leaders will do wrong, and that
others in the government will then bear the
responsibility to do right.
This President has done wrong. This body can do right
by condemning his conduct and showing the people of this
nation that his actions will not be allowed to stand
unchallenged.
To date, members of Congress have responded in very
different ways to the President's conduct. Some are
responding by defending his conduct, ceding him the
power he claims, and even seeking to grant him expanded
statutory authorization powers to make his conduct
legal. While we know he is breaking the law, we do not
know the details of what the President has authorized or
whether there is any need to change the law to allow it,
yet some want to give him carte blanche to continue his
illegal conduct. To approve the President's actions now,
without demanding a full inquiry into this program, a
detailed explanation for why the President authorized
it, and accountability for his illegal actions, would be
irresponsible. It would be to abandon the duty of the
legislative branch under our constitutional system of
separation of powers while the President recklessly
grabs for power and ignores the rule of law.
Others in Congress have taken important steps to
check the President. Senator Specter has held hearings
on the wiretapping program in the Judiciary Committee.
He has even suggested that Congress may need to use the
power of the purse in order to get some answers out of
the Administration. And Senator Byrd has proposed that
Congress establish an independent commission to
investigate this program.
As we move forward, Congress will need to consider a
range of possible actions, including investigations,
independent commissions, legislation, or even
impeachment. But, at a minimum, Congress should censure
a president who has so plainly broken the law.
Our founders anticipated that these kinds of abuses
would occur. Federalist Number 51 speaks of the
Constitution's system of checks and balances:
"It may be a reflection on human nature, that such
devices should be necessary to control the abuses of
government. But what is government itself, but the
greatest of all reflections on human nature? If men were
angels, no government would be necessary. If angels were
to govern men, neither external nor internal controls on
government would be necessary. In framing a government
which is to be administered by men over men, the great
difficulty lies in this: you must first enable the
government to control the governed; and in the next
place oblige it to control itself."
Mr. President, we are faced with an executive branch
that places itself above the law. The founders
understood that the branches must check each other to
control abuses of government power. The president's
actions are such an abuse, Mr. President. His actions
must be checked, and he should be censured.