I was hopeful that because Barack Obama is a Constitutional scholar he might give up some of the power accrued by the executive branch over the last 8 years. Things started off so well. Obama signed an executive order to close Guantanomo, appointed an Attorney General that unequivocally called water boarding torture, and staffed the Office of Legal Counsel with outspoken critics of the Bush administration's indefinite detention and torture policies.
However, two months later we find out that the Obama administration is defending the author of the torture memos in court, denying the Supreme Court the opportunity to rule on whether or not the President has the authority to indefinitely detain people, and attempting to throw out the lawsuits of torture victims by abusing the State Secrets Act.
Look, I know that the President is doing many good things when it comes to foreign and domestic policy. For example, I believe Obama when he says we no longer torture, but what is he doing to guarantee that future administrations won't torture. Also, Obama did the right thing when he brought charges against a detainee that Bush had declared an enemy combatant. However, in doing so he prevented the Supreme Court from ruling on whether or not the President has the power to imprison someone for 5 years without charges or a trial. My point is that I don't think we should rely on having a benevolent President in office, but right now that's what it feels like to me.
On a related note, Jonathan Turley recently provided a unique perspective on President Obama's dustup with Dick Cheney.
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