Separating the President From His Imagined Powers
by TChris
The "unitary executive theory" is conservative codespeak for "all powerful president," a notion readily embraced by President Bush. In practice, our unitary executive is a government of one (or a few, if you count Cheney, Rove, and Condi), a supreme decider whose power is subject to no constitutional or statutory limits. After all, he couldn't protect us from all the suiciders while freeing the world from Islamic fascist tyranny if he yielded to the unpatriotic demands of lawmakers or judges.
To counter the academic and think tank writing that promoted (with startling success) the unitary executive theory, the American Constitution Society co-sponsored a symposium, "War, Terrorism and Torture: Limits on Presidential Power in the 21st Century," last October. Three papers that grew out of the symposium were released this week:
Unitariness and Myopia: The Executive Branch, Legal Process, and Torture by Cornelia Pillard views torture as indicative of a more general problem: an executive branch tendency during times of national security crises to view legal constraints as annoying, even harmful, obstacles to effective executive action. Pillard explores reform aimed at promoting executive branch respect for the law, even in trying times.
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