Silence on the Hill . . .
Monday, January 5, 2004; Page A16
http://www.washingtonpost.com/wp-dyn/articles/A54807-2004Jan4.htmlIT IS A MATTER of grade-school civics that in American democracy laws are made by the legislative branch. Article I of the Constitution, after all, begins with the arresting statement that "All legislative powers . . . shall be vested in a Congress of the United States." Yet ever since it passed the USA Patriot Act after the events of Sept. 11, 2001, Congress has stood by in an alarming silence while a fabric of new law governing the balance between liberty and security has been woven by the other two branches of government. Many Republican members profess to be fully content with the Bush administration's handling of the war on terrorism here at home. Many Democrats, meanwhile, are happy to snipe from the sidelines but offer little in the way of constructive alternatives. Both parties harbor a few honorable exceptions. But in the main, the parties are united in their desire not to sully their hands by engaging seriously in deciding the shape of the law. They are content not to do their jobs but instead to let the Bush administration do what it pleases and take the political and judicial heat for it all.
To some extent, the administration itself deserves blame for the legislature's passivity. Rather than inviting congressional involvement, it foolishly discourages it -- both out of an ideological attachment to executive power and out of an allergy to any kind of legal restraint on its conduct. But Congress is not supposed to legislate only with the administration's permission. America, after all, is not a parliamentary democracy where the government sets the legislature's agenda. Congress is supposed to be an equal branch of government, and it ought to be both aggressively overseeing the administration's work and actively exploring what laws would enhance American freedom and security. It ought not be giving its powers away.