ACLU Pushes to Restore "Checks and Balances" on Executive Power

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One item on the ACLU's agenda for the 111th Congress, unveiled to reporters Tuesday: Taking a little power away from incoming President-elect Obama.

It's not that Caroline Fredrickson, the director of the ACLU's Washington legislative office, had bad things to say about Obama; in fact, she said she was hopeful he'd "turn the tide" on a great many issues on which the ACLU spends its time. But the relationship between the executive branch and Congress has gotten "out of whack," with Congress "withering" in the Bush years, she said.

"We need to restore checks and balances," she said.

The ACLU believes one way to do that would be to repeal a 2006 law (PL 109-366) that authorized a new legal framework for trying terror suspects at Guantanamo Bay. Fredrickson said that law gave the executive too much leeway on detention policy.

Another would be to repeal a 2008 law (PL 110-261) overhauling the Foreign Intelligence Surveillance Act (PL 95-511). That law, Fredrickson said, gave the executive branch too much unchecked authority to conduct surveillance as it sees fit.

Although President-elect Obama said on ABC's "This Week" that he was unsure of what action he would take, if any, to scrutinize controversial Bush administration practices on detention and surveillance, he added that "my orientation's going to be to move forward."

Whether Obama takes a look back or not, Fredrickson said that even if Congress has its hands full with an economic crisis, it should be able to dig into the "crimes of the Bush administration."

"We all know Congress can walk and chew gum at the same time," she said.

Besides those items, the ACLU's agenda includes a repeal of a 2005 law (PL 109-13) that would create a federally approved, state-issued identification card and more.

"The ACLU is also asking for greater privacy standards concerning government databases, a meaningful federal reporters' shield law and reform of both juvenile justice and drug sentencing laws," according to its news release.

-- Tim Starks

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