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"They were greatly influenced - far more than we can imagine - by a careful reading of the history and human dramas surrounding the democracies of ancient Greece and the Roman republic. They knew, for example, that democracy disappeared in Rome when Caesar crossed the Rubicon in violation of the Senate's long prohibition against a returning general entering the city while still in command of military forces. Though the Senate lingered in form and was humored for decades, when Caesar impoliticly combined his military commander role with his chief executive role, the Senate - and with it the Republic - withered away. And then for all intents and purposes, the great dream of democracy disappeared from the face of the Earth for seventeen centuries, until its rebirth in our land.

Symbolically, President Bush has been attempting to conflate his commander-in-chief role and his head of government role to maximize the power people are eager to give those who promise to defend them against active threats. But as he does so, we are witnessing some serious erosion of the checks and balances that have always maintained a healthy democracy in America.

In Justice Jackson's famous concurring opinion in the Youngstown Steel case in the 1950's, the single most important Supreme Court case on the subject of what powers are inherent to the commander in chief in a time of war, he wrote, "The example of such unlimited executive power that must have most impressed the forefathers was the prerogative exercised by George III, and the description of its evils in the declaration of independence leads me to doubt that they created their new Executive in their image...and if we seek instruction from our own times, we can match it only from the Executive governments we disparagingly describe as totalitarian."