-Caveat Lector-

http://www.ctnow.com/news/opinion/commentary/hc-balkin0922.artsep22(0,5216697).story?coll=hc%2Dheadlines%2Dcommentary

The Most Dangerous Person On Earth
It's Not Who Bush Would Like You To Think It Is

September 22, 2002
By JACK M. BALKIN

When George W. Bush was governor of Texas, his basic strategy was to stake
out a position and refuse to budge, hoping to bully others into acquiescing.
Only when met with strong opposition did he back down and compromise. We are
seeing the same strategy in his policy over Iraq. In the past weeks, the
president has attempted to bully the United Nations and now Congress into
allowing him to attack Iraq and depose its leader. He is likely to get his
wish. But the larger problem is not what will happen if no one stands up to
Saddam Hussein. It is what will happen if no one stands up to the president
and his vision of moral clarity.

Our Constitution left the power to declare war to Congress because of the
fear that if the president could act unilaterally, he might seek to
aggrandize himself by taking the country into one war after another.
Although the president could always defend the nation if attacked, he could
not initiate hostilities without Congress' approval. In the 20th century,
Congress' role has receded of necessity, so the president's power to make
war has been hemmed in largely by domestic politics, the threat of nuclear
reprisal and international law.

The Bush administration's new policy of pre-emptive attacks is a dangerous
addition to this mixture, creating a host of bad incentives. Simply by
announcing future threats that deserve pre-emptive action, presidents can
seize control of the political stage. A president who takes the country to
war pushes aside all other concerns. By shifting the nation's forces from
one military offensive to another, he can divert attention from domestic
failures and foreign policy blunders. The more often the president attacks
other countries pre-emptively, the more likely it becomes that our country
will be attacked in turn. The president can then justify additional military
action in response, and no patriotic American will oppose it.

In this way, the president can effectively govern through war, with
disastrous consequences for the nation and for the world. Armed with the
doctrine of military pre-emption, the perpetual political campaign perfected
by our last president might well become the perpetual military campaign of
future presidents.

President Bush had good reason to take us to war after Sept. 11. Still, he
has not accomplished his stated goal of eliminating al Qaeda or capturing
Osama bin Laden. With victory not achieved and Afghanistan still unstable,
he has now attempted to shift our attention to a new war with Iraq. Again,
he may well have excellent reasons for doing so. But we must pay attention
to the larger picture. Members of Congress debating authorization for an
attack on Iraq should ask the president tough questions about what future
military actions he is considering. The way the president's foreign policy
is proceeding, Iraq may not be the last war he asks us to fight.

The president is right about one thing, however. Today the world faces a
single man armed with weapons of mass destruction, manifesting an
aggressive, bullying attitude, who may well plunge the world into chaos and
bloodshed if he miscalculates. This person, belligerent, arrogant and sure
of himself, truly is the most dangerous person on Earth. The problem is that
his name is George W. Bush, and he is our president.

Jack M. Balkin is Knight Professor of Constitutional Law and the First
Amendment at Yale Law School. His latest book is "The Laws of Change"
(Schocken Books, 2002).

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