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Can the President of the United States arrest any American he suspects of being a terrorist and toss him in a military brig, deny him a lawyer, omit to bring any charges against him -- yet indefinitely keep him imprisoned nonetheless?
Can the President kidnap foreigners charged with violating federal law, and bring them to the United States to stand trial? How about Osama bin Laden, for starters?
These are only a few of the issues raised by cases now pending before the U.S. Supreme Court that will examine the limits of presidential powers. As David Savage, the legal writer for the Los Angeles Times, has noted, this is a remarkable collection of cases.
"[T]he justices have voted to take up five cases that test the president's power to act alone and without interference from Congress or the courts," Savage explains. The description of these cases, as Savage has ably summarized them, is startling: "They involve imprisoning foreign fighters at overseas bases, holding American citizens without charges in military brigs, preserving the secrecy of White House meetings, enforcing free-trade treaties despite environmental concerns, and abducting foreigners charged with U.S. crimes."
What the Supreme Court has placed on its agenda, in short, is the Imperial Presidency -- that is, the Presidency in which the Executive largely acts alone, pushing the Constitution to the limits and beyond. And how the Justices deal with this overwhelmingly important topic could affect the reelection prospects of the Bush presidency, for, as David Savage notes, at least four of the five rulings are anticipated to be handed down during the summer of 2004 -- right in the middle of the presidential campaign.
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