Tell me again, what is the duty of the president?

Wasn't there something in there about, oh, you know, Preserving and protecting the Constitution?

Glenn Greenwald at Unclaimed Territory:

When President Bush signed the so-called Military Commissions Act of 2006 into law this week, he dismissed away objections to its Draconian and tyrannical provisions with one very simple and straightforward argument:

Over the past few months the debate over this bill has been heated, and the questions raised can seem complex. Yet, with the distance of history, the questions will be narrowed and few: Did this generation of Americans take the threat seriously, and did we do what it takes to defeat that threat? Every member of Congress who voted for this bill has helped our nation rise to the task that history has given us.

That paragraph from the President's remarks is an excellent summary of the philosophy of the Bush movement. Because the threat posed by The Terrorists is so grave and mortal, maximizing protections against it is the paramount, overriding goal. As a result, no other value really competes with that objective in importance, nor can any other objective or value limit our efforts to protect ourselves against The Terrorists. That's what the President is arguing when he said: "Yet, with the distance of history, the questions will be narrowed and few: Did this generation of Americans take the threat seriously, and did we do what it takes to defeat that threat." All that matters is whether we did everything possible to protect ourselves.

[...]

But our entire system of government, from its inception, has been based upon the precise opposite calculus -- that many things matter besides merely protecting ourselves against threats which might kill us, and beyond that, we are willing to accept an increased risk of death in order to pursue those other values. That worldview -- that maximizing physical safety to the exclusion of all else leads to a poor and empty way of life, and that limiting government power is so necessary that we do it even if it means accepting an increased risk of death when doing so -- is what lies at the very core of what America is.

The Bill of Rights contains all sorts of limitations on government power which make us more vulnerable to threats that can kill us. If there is a serial killer on the loose in a community, the police would be able to find and apprehend him much more easily if they could simply invade and search everyone's homes at will and without warning. But the Fourth Amendment expressly prohibits the police from doing that -- it requires both probable cause and a judicial warrant before they can do so -- even though that restriction makes it more likely that we will be victimized, even fatally, by criminals.

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