http://warandpiece.com/December 18, 2005
Go read Hilzoy on Bush and the separation of powers:
He is, essentially, claiming that he has the right not just to execute the laws, but to write them himself, and then to judge their application. Moreover, he claims the right to do this in secret. Were he to announce openly that he had decided to concentrate all the powers of government in his own hands, we could at least argue about whether or not we thought that was a good idea. But by acting in secret, he is, essentially, asserting the right to amend the Constitution unilaterally and without having the decency to let us know.
As I wrote someone earlier today, my read of John Yoo's legal philosophy is that even without 9/11, Bush has the power to order all of the grandmothers raped and all the children killed, all without oversight, all without checks. According to Yoo, there are simply no limits on the commander in chief's right to determine what is necessary in wartime. He is the law, according to Yoo. What American supports that legal interpretation?