Watch Those Executive Orders.

• Author: Rothschild, Matthew
• Position: Comment - Essay

George W. Bush is churning out executive orders and Presidential directives just as fast as Dick Cheney's lawyers can fill up their yellow legal pads. The power they all are asserting--no, grabbing--with these executive orders and directives is astonishing. Such power imperils our liberties and mocks our democratic system of government.

Let's look at three recent ones.

In a May 9 document entitled "National Security Presidential Directive/NSPD 51" and "Homeland Security Presidential Directive/HSPD-20," Bush lays out his plans for dealing with a "catastrophic emergency." He entrusts himself with leading the entire federal government, not just the Executive Branch. And he gives himself the responsibility "for ensuring constitutional government."

The document is entitled "National Continuity Policy." It defines a "catastrophic emergency" as "any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government functions."

This could mean another 9/11, or another Katrina, or a major earthquake in California, since the directive says it would include "localized acts of nature, accidents, and technological or attack-related emergencies."

The document emphasizes the need to ensure "the continued function of our form of government under the Constitution, including the functioning of the three separate branches of government." But it says flat out: "The President shall lead the activities of the federal government for ensuring constitutional government." Given Bush's demonstrated disdain for the Constitution, this is not a cheery prospect.

The document waves at the need to work closely with the other two branches, saying there will be "a cooperative effort among the executive, legislative, and judicial branches of the federal government." But this effort will be "coordinated by the President, as a matter of comity with respect to the legislative and judicial branches and with proper respect for the constitutional separation of powers."

The document provides a role for the Vice President.

"This directive shall be implemented ... with the consultation of the Vice President and, as appropriate, others involved."

The document also contains "classified Continuity Annexes." You've got to wonder what's in there.

Marjorie Cohn, president of the National Lawyers Guild, calls the entire directive an "unconstitutional...