"Unitary" presidential power

 In today's Consortium News, Robert Parry has written a strong article on the "unitary" theory of presidential power. Here is a part of that article:

"Under Bush, 'signing statements' have become commonplace and amount to his rejection of legal restrictions especially as they bear on presidential powers. A search of the White House Internet site finds 101 entries for the word 'unitary' in Bush's statements and other official references.

"In December 2005, for instance, Bush cited the 'unitary' powers of the Presidency when he signed the McCain amendment, which prohibited cruel, inhuman and degrading treatment of detainees in U.S. custody. In a 'signing statement,' Bush reserved the right to bypass the law by invoking his commander-in-chief powers... (Since) Bush considers his commander-in-chief authority boundless, he can choose to waive the torture ban whenever he wants, much as he ordered wiretaps of American citizens without getting a court warrant as is required by the Foreign Intelligence Surveillance Act...

"(Supreme Court nominee) Alito has argued that a powerful executive is what the Founding Fathers always intended. In a speech in 2000, he said that when the U.S. Constitution was drafted in 1787, the framers 'saw the unitary executive as necessary to balance the huge power of the legislature and the factions that may gain control of it.'

"Scholars, however, have disputed Alito's historical argument by noting that the framers worried most about excessive executive powers, like those of a king, and devised a complex system of checks and balances with the Legislature in the preeminent position to limit the President's powers. [WSJ, Jan. 5, 2006]"