Presidential Powers and Presidential Candidates

Some of this makes for reassuring reading: McCain pledges never to use a signing statement—the somewhat symbolic but nevertheless crazy-making evidence that the Bush administration was doing its utmost to supersede Congress. McCain also says that if Congress definitively says that a "specific interrogation technique" is off-limits, the president can't approve its use anyway. But McCain also declines to name a single use of executive power by the Bush administration that is unconstitutional or even just "a bad idea." And in May he went on his infamous tear about the federal judiciary, blasting the judges "common and systematic abuse of our federal courts"—never mind that at this point the majority are Republican appointees. (If anyone was wondering whether McCain would toe the line and appoint archconservative justices in the model of John Roberts and Samuel Alito, as he'd promised, this should have quelled such doubts.)

As for Obama, he has been consistently strong in saying the president can't hold detainees he decides are enemy combatants without charges, and on preserving the right to habeas corpus—the means by which the Guantanamo detainees might actually challenge their enemy combatant status in court someday. The Bush administration has cast all of this as a fight for supremacy between the executive and the courts, so Obama's position would be a major easing of tensions. Obama also told Savage that "the President does not have power under the Constitution to unilaterally authorize military attack in a situation that does not involve stopping an actual or imminent threat to the nation." And he said the president can't ignore Congress on troop deployments, while McCain complained about Congress micromanaging wars. Given how imperial the American presidency has become over the last half-century, Congress isn't good at taking power back for itself. So, Obama looks like he has the legislature's back.  Read Article Here.