Gonzales and the Constitution

Attorney General Alberto Gonzales presumably resigned because he had lost support in Congress, especially over issues relating to the firing of U.S. attorneys. But Tim Lynch, director of Cato’s Project on Criminal Justice, has long insisted that the real problem with Gonzales was not incompetence, faulty memory, or his confusing explanations of how the U.S. attorneys came to be dismissed. Rather, he wrote in May:

In area after area – from habeas corpus to separation of powers to executive responsibility – he has sought to strip out the limits that the Constitution places on presidential power. His fiasco regarding the firing of federal prosecutors is a petty offense when compared to the legal advice that he has conveyed to the President. The real scandal is his disregard for constitutional principles.

That’s why you have to appreciate Gonzales’s decision to resign effective September 17, Constitution Day. Maybe he wants to send a subtle signal that the end of his tenure could be an occasion to recover our commitment to constitutional limits on federal power and on presidential power.

Constitution Day is also, of course, famous as the day that the Cato Supreme Court Review is released at an all-day symposium on the Supreme Court’s most recent term.