Wednesday, January 21, 2009


Prof. Orin Kerr offers a mild reminder to the true-believers in the unitary-executive (most of whom, I might add, also bought into the Karl Rove fantasy of a permanent Republican-majority):

[F]or the folks who thought that President Bush had the power to arrest anyone in the United States and detain them as "enemy combatants" without any hearing as part of his Commander-in-Chief power..., this power is now enjoyed by Barack Hussein Obama. That's right: A liberal with the middle name "Hussein" who pals around with terrorists and is adored in Paris now has all that Commander-in-Chief power. And if he decides that you're a threat to the nation, he can order you seized and locked up indefinitely. Congress can't get in B. Hussein Obama's way: As the FISA Court of Review emphasized back in 2002, Congress "could not encroach on the President’s constitutional power." And that meddling Supreme Court can't stop "The One," either. Or at least that's your view of things.

And to those of you who have deluded yourself into thinking that BO is going to saintly abstain from employing the vast expansions of executive power claimed and exercised by GWB over the last 8 years, good morning.