"If John McCain wins the presidency and gets to appoint one or more U.S. Supreme Court justices Americas 220-year experiment as a democratic Republic living under
the principle that no man is above the law may come to an end.To put the matter differently, if a President McCain replaces one of the moderate justices with another Samuel Alito as McCain has vowed to do then Justice Department lawyer John Yoos extreme vision of an all-powerful Executive could well become the new law of the land.
As expressed in classified memos by Yoo when he was a key lawyer in the Justice Departments Office of Legal Counsel, there should be, in essence, no limits on what a war-time President can do as long as he is asserting his duty to protect the nation.
Under this theory, a President can cite his commander-in-chief powers to spy on citizens without warrants, imprison people without charges, authorize torture, order assassinations, and invade other countries without congressional approval....strict constructionist phrase is really a euphemism for a double standard, objecting to judicial decisions that conservatives dont like while justifying judicial activism when it serves right-wing causes, such as giving President Bush authority to brush aside the Constitution as he prosecutes the war on terror.
Even if the clear intent of the Founders was to avoid a tyrannical Executive by placing key war-making powers in the hands of the Legislature, right-wing legal scholars have favored overturning those principles in the name of an all-powerful President."
http://consortiumnews.com/2008/051208.htmlToo much is riding on this election to put a vapid Bush Clone into the White House.