George F Will has long been a conservative who defines himself by a defense of Congressional centrality and checks on executive power. In other words: a Burkean, not a Schmittian. His column today is excellent as usual, and he notes how unchecked executive power has a habit of extending into realms beyond national security:
Most of the administration’s executive truculence has pertained to national security, where the case for broad prerogatives, although not as powerful as the administration supposes, is at least arguable. With the automakers, however, executive branch overreaching now extends to the essence of domestic policy — spending — and traduces a core constitutional principle, the separation of powers.
Most members of the House and Senate want the automakers to get the money, so they probably are pleased that the administration has disregarded Congress’s institutional dignity. History, however, teaches that it is difficult for Congress to be only intermittently invertebrate.
The proper description for the seizure of the TARP money to spend on something Congress declined to spend it on is … lawless.
The Dish 