(Darryl) Levinson thesis (continued)

[Mark Graber]

Of course, if we read Bruce Ackerman's latest book, the more interesting
question is whether James Madison, as Thomas Jefferson's Secretary of
State in 1800, would have thought an all-out White House lobbying
attempt legitimate.  Given that Jefferson engaged in such behavior,
there may be constitutional sanction for those of us who believe the
constitution of 1800 more vital than the constitution of 1787 (and to
anticipate queries, that the constitution of 1828 is more vital than
1800, etc.)  But shouldn't we just teach the Federalist Papers as fun
historical fiction with about as much basis in the political experience
of the last 200 years as Gulliver's Travels.

Mark A. Graber

>>> Sanford Levinson <SLevinson at law.utexas.edu> 02/15/06 10:05 AM >>>
Would James Madison, at least in 1787-88, recognize the concept of
"all-out White House lobbying" (putting to one side that the White House
wouldn't be built for another dozen years :) ) that would defeat
congressional oversight of what he would certainly have labeled
"maladministration" (which, recall, he wanted to make an impeachable
offense)?  Isn't this a completely rhetorical question?  Perhaps Bush
will simply designate the successor to Sen. Frist, since the Majority
Leader's role apparently is to be the President's lackey.  (Yet another
move in the transformation of our constitutional system.)  
 
sandy
 
http://www.washingtonpost.com/wp-dyn/content/article/2006/02/14/AR2006021401812.html?referrer=email&referrer=email&referrer=email

Congressional Probe of NSA Spying Is in Doubt


White House Sways Some GOP Lawmakers


By Charles Babington
<http://projects.washingtonpost.com/staff/email/Charles+Babington/> 
Washington Post Staff Writer
Wednesday, February 15, 2006; Page A03 

Congress appeared ready to launch an investigation into the Bush
administration's warrantless domestic surveillance program last week,
but an all-out White House lobbying campaign has dramatically slowed the
effort and may kill it, key Republican and Democratic sources said
yesterday.