An open letter to George W.

Dear President Bush:

In remarks to Catholic leaders last week you mentioned that your program to fund religious groups with tax dollars would help "change the culture" in ways that will make it easier to save unborn babies.

You may not be aware that these private remarks on this issue were inadvertently broadcast over a White House public address system and recorded by your political enemies.

While I take a backseat to no one in my desire to stop the slaughter of unborn babies in this country, let me say that using taxpayer funds for this purpose -- directly or indirectly -- is a misguided and wholly unconstitutional plan.

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First, it's wrong to extort through force money from one taxpayer to support another. I know this may come as a shock to you, as this practice is routine in Washington. But, please recognize that the federal government is in no way empowered to do this under the Constitution of the United States. It's legalized theft -- pure and simple. The founders understood this and explicitly and carefully enumerated the powers of the federal government. Redistributing wealth is not among them -- even if it is for the worthiest of causes.

Secondly, let me explain to you that the Executive Branch of the federal government -- namely you -- represent a co-equal branch of government with the judicial. While previous presidents have often exceeded their authority under the Constitution, you need to understand that there are some forgotten powers of the presidency that you can use to bring us back to the goal of a free constitutional republic.

For instance, if your goal is to stop abortion, there are many unilateral steps you can take as president while remaining within the constitutional parameters.

• Did you know that you are not beholden to uphold unconstitutional laws? In fact, when you swear an oath to uphold and defend the Constitution, you are required not to enforce such laws.

• Did you know that you, as president, have just as much power in determining the constitutionality of a law as the U.S. Supreme Court? That's right. That's part of the checks and balances our founders built into the system. You cannot be required to enforce unjust or unconstitutional laws and it is up to you and only you to determine which are constitutional and which are not.

Wouldn't it make more sense, given such broad authority, to fight unconstitutional laws and Supreme Court decisions head on, rather than covertly? Wouldn't it make more sense to call Attorney General John Ashcroft and set him straight? Shouldn't he be informed that he, as your policy arm in the Justice Department, is under no obligation to uphold Roe vs. Wade as "the law of the land"?

Just as you can veto any bill that crosses your desk, you can effectively veto any Supreme Court decision that sets out, as Roe vs. Wade did, to create new national laws that have never been debated by the people. In fact, in the case of Roe vs. Wade, I would advise the states to ignore it -- plain and simple. The U.S. Supreme Court simply has no jurisdiction in overturning the laws of sovereign states.

Isn't this a revolutionary way of achieving your goals? You bet.

I know what you are thinking. You're thinking you don't have a popular mandate large enough to take such radical steps. You're thinking of how such actions would be portrayed in the Washington Post and the New York Times.

Forget that. Hire yourself a real constitutional scholar to examine just how much power you have as president. I think you'll be surprised to learn that, while some of your recent predecessors invented some powers not found in the Constitution, you have vast powers if your goal is to return to a true constitutional republic.

You're also thinking: "Why am I hearing this for the first time from some Internet columnist? Why aren't my advisers telling me this? Why aren't my conservative friends advising such actions?"

Easy. America has been toppled from its constitutional moorings. America has been dumbed down -- deliberately and consciously by a government-media-educational establishment. America isn't talking about the real solutions to our problems because America doesn't know. America has been blinded -- poked in the eyes by the advocates of elite control of state power, rather than a government of the people, for the people and by the people.

Don't be trapped into extending state power where it doesn't belong -- namely in more wealth transfers for more noble causes. Don't think you have to work covertly to save the lives of unborn babies. Don't believe you have to answer to the Washington Post and New York Times. Don't believe that wisdom begins and ends in Washington.

You don't have to exceed your authority just because other presidents have and other branches of government have. All you have to do is to understand the powers you have under the Constitution and use them wisely.