"Like many others, I have been deeply troubled by Bush’s breathtaking scorn for our international treaty obligations under the United Nations Charter and the Geneva Conventions. I have also been disturbed by the torture scandals and the violations of U.S. criminal laws at the highest levels of our government they may entail. ... These concerns have been compounded by growing evidence that the President deliberately misled the country into the war in Iraq. But it wasn’t until the most recent revelations that President Bush directed the wiretapping of hundreds, possibly thousands, of Americans, in violation of the Foreign Intelligence Surveillance Act (FISA) -- and argued that, as Commander in Chief, he had the right in the interests of national security to override our country’s laws -- that I felt the same sinking feeling in my stomach as I did during Watergate." [Emphasis added]
The Court told Nixon, Mr. "Imperial Presidency", that he didn't.
George Bush's Rough Justice
The Unitary Executive: Scholar says Bush has used obscure doctrine to extend power 95 times
The doctrine assumes, in its extreme form, nearly absolute deference to the Executive branch from Congress and the Judiciary.
Which, of course, destroys the tension, the balance of power between the three branches (what we call "checks and balances" or the "separation of powers"). Our equilibrium.
The Unitary Executive: Is The Doctrine Behind the Bush Presidency Consistent with a Democratic State?
Noting that when Bush recently signed the torture law, he did so with a "Presidential signing statement" that interpreted the law in such a way as to give him carte blanche to torture anyway. "President Bush has used presidential signing statements more than any previous president."
The Unitary Executive During the Third Half-Century, 1889-1945(abstract). Interesting looking paper. And, its followup, The Unitary Executive in the Modern Era (direct link to the PDF)
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