HOW fares the constitutional presidency after eight years of George W. Bush? Bloodied but unbowed, I think. Over two terms notable for overheated partisan fears and attacks on the president’s use of the Constitution’s executive power, the Bush administration has made some ill-considered tactical choices and suffered some setbacks, but by and large has vigorously and successfully defended the constitutional boundaries of the office.
From the beginning, President Bush appeared to understand the constitutional basis of his authority. After a 537-vote victory in Florida gave him a just-enough 271 electoral votes, Bush entered on the duties of his office with a blithe unconcern for the size or even existence of a “mandate” springing from the American people-more of whom across the nation had voted for Al Gore. Evidently recognizing that winning the office, by however narrow a margin, provides all the “mandate” one needs, straight from the Constitution, he vigorously pressed his agenda in Washington just as though he had won a landslide. This sent his impassioned opponents even farther round the bend. But Bush should be thanked, and not just by his supporters, for using his power without hesitation. It was good for him, for the presidency as an institution, for the Constitution, and for the country.
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