In case you missed the 10 minutes of live coverage it got on the cable "news" networks today, John McCain gave a speech on his judicial philosophy. Sadly, as I explain over at Robert Emmet, it seems to have been lifted whole from every other GOP speech touching on legal theory for the last 10 years -- and ignores the remarkable executive branch power grab that has taken place over the last eight years.
My question is this: Will Hillary Clinton or Barack Obama get up and denounce this revitalized imperial presidency? The answer, I fear, is that you shouldn't hold your breath -- no president comes into office trying to diminish their power. (And Hillary Clinton's announcement that she would unilaterally extend U.S. nuclear protections over the entire Middle East doesn't bode well for those of us who think that the magical phrase "commander in chief" doesn't trump classic notions like "checks and balances.")
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