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For eight years, waging illegal wars, committing crimes of war and against humanity, violating constitutional and international laws, legalizing torture as official US policy, sanctioning police state laws, spying illegally on Americans, permitting government and corporate fraud, criminalizing dissent, and creating "a justice system stripped of all justice," became federal policy under George Bush and remains so under Obama.
Treaty and Appointment Powers
US presidents may make treaties with the advice and consent of two-thirds of the Senate. However, Status of Forces Agreements (or SOFAs) require only the approval of host countries or enough pressure applied to get it. To legitimize America's occupation, the Iraq SOFA illustrates the process.
Chalmers Johnson calls all of them "foreign military enclaves....completely beyond the jurisdiction of the occupied nation," a modern day version of 19th century China's "extraterritoriality" granting foreigners charged with crimes the "right" to be tried by his or her own government under his or her own laws.
Iraq's SOFA legitimizes permanent occupation and continued war beyond control of Congress or Iraqi officials. Nominally a 2011 withdrawal date was set, but given the impotency of the Iraqi government and the way past agreements were manipulated, US forces will remain indefinitely on dozens of bases, at least five super ones, and perhaps others yet to be built. No change is envisioned under Obama despite rhetoric claiming otherwise.
Federal appointees as ambassadors, ministers, consuls, judges, and others must be approved by the Senate, yet presidents may fill vacancies when the body is in recess. Bush took full advantage in appointing John Bolton UN ambassador over Senate objections. Yet most often, the Senate acquiesced to some of his most egregious nominees, including to the federal bench.
Executive Power
US presidents are the most powerful officials anywhere under our system of government. Regardless of the occupant, the office is inherently imperial as one man can exploit it to his advantage, effectively becoming a dictator if he wishes. The Constitution's Article II, Section 1 grants him near-limitless power in a single innocuous sentence stating: "The executive power shall be vested in a President of the United States of America."
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