While Judge Sam Alito’s testimony before the Senate Judiciary Committee has confirmed that he is not one of their number, a dwindling cadre of public servants still take seriously the dictates of the Constitution and the intents of it authors. And there is no more serious dictate of the document — and no more solidly established intent — than the one that requires the Congress to serve as a check and a balance against the excesses of the executive branch. Most particularly in a time of war, the founders intended for the Congress to question, challenge and constrain the president and his aides so that never again would Americans be subjected to the illegitimate, unwarranted and illegal dictates of a King George.
This mandate, so well-established and so thoroughly grounded in history and tradition, places a particularly high demand on the chairman of the House Judiciary Committee. It is in the House, the Constitution tells us, that the work of holding an out-of-control president to account, must begin — and it is on the Judiciary Committee that the process is initiated.
The committee’s current chair, Representative James Sensenbrenner, R-Wisconsin, should understand this charge better than most. After all, he was at the center of the effort in 1998 and 1999 to impeach former President Bill Clinton.
No matter what one thought of the Clinton impeachment process, it should now be beyond debate that if the misdeeds of the former president required both examination and action by the Judiciary Committee — as Sensenbrenner so obvioualy believed– then the misdeeds of the current president must surely merit a similar response.
The memory of the Clinton impeachment has already inspired the most delicious sloganeering, beginning with the t-shirt that declares: “Impeachment: It’s Not Just for Oral Sex Anymore.” But this is about more than t-shirts and fingerpointing. As the chair of the Judiciary Committee, Sensenbrenner has a Constitutionally-mandated responsibility to take seriously the charges of executive lawbreaking and impropriety that are currently in play. If he cannot execute this responsibility in a reasoned and bipartisan manner, then he has a duty to step aside.
That is a serious choice. But, surely, the issues that are at stake demand such seriousness — as the American people have clearly indicated. A new Zogby Poll shows that 52 percent of Americas believe that, if George Bush violated the law when he ordered security agencies to engage in warrantless wiretaps on the communications of U.S. citizens who were accused of no crimes, the president should be impeached. So widespread is this faith that almost one quarter of those who identified themselves as “very conservative” expressed support for impeachment as a response to the spying scandal.
So far, however, Sensenbrenner has allowed his partisanship to prevent him from even beginning to execute his Constitutional duties.When Democratic members of the Judiciary Committee demanded that the body conduct an inquiry into illegal spying by the Bush administration, Sensenbrenner refused them.