Monday, April 07, 2008

More on Yoo's folly

Here's a link to my Antiwar.com column last week, which discussed at somewhat greater length than in last week's post that a little torture now and again might not be illegal during wartime. The assumption that during a war the president can override laws that were specifically written to be applied during wartime is simply beyond parody. Conservatives who feel comfortable with the chief executive having that kind of power should spend a moment considering how they will like Hillary Clinton or even Barack Obama with expanded executive power and the the power to decide which sections of laws he/she will take seriously and which are to be ignored.

Back in the days of James Burnham writing "Congress and the American Tradition," conservatives weren't so crazy about "energy in the executive." I believe Russell Kirk coined the tern "imperial presidency." But back in that day there had been Democratic or "modern" Republican presidents for decades. Principles seem to disappear when somebody with an "R" behind his name has the power.

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