2012•Presidential Studies QuarterlyRequires access

The Law B arack O bama and C ivil L iberties

Christopher H. Pyle

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Abstract

MostAmericans would like to believe that no person is above the law. WhenPresidentRichardM.Nixon claimed such powers, he was driven from office. WhenPresidentGeorgeW.Bush authorized the torture of prisoners, that abuse was viewed as an aberration. But, as this article documents,PresidentBarackObama is squarely in theNixon‐Bush tradition of presidential power. In shielding the torturers from prosecution, he has preserved kidnapping and torture as options, while asserting unreviewable authority to assassinate foreigners andAmerican citizens by remote controlled drones. These developments have transformed theAmerican presidency into a modern version of theStuart monarchies, at least where allegations of national security are concerned.

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What this paper is about

MostAmericans would like to believe that no person is above the law. WhenPresidentRichardM.Nixon claimed such powers, he was driven from office. WhenPresidentGeorgeW.Bush authorized the torture of prisoners, that abuse was viewed as an aberration. But, as this article documents,PresidentBarackObama is squarely in theNixon‐Bush tradition of presidential power. In shielding the torturers from prosecution, he has preserved kidnapping and torture as options, while asserting unreviewable authority to assassinate foreigners andAmerican citizens by remote controlled drones. These developments have transformed theAmerican presidency into a modern version of theStuart monarchies, at least where allegations of national security are concerned.

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Available abstract

MostAmericans would like to believe that no person is above the law. WhenPresidentRichardM.Nixon claimed such powers, he was driven from office. WhenPresidentGeorgeW.Bush authorized the torture of prisoners, that abuse was viewed as an aberration. But, as this article documents,PresidentBarackObama is squarely in theNixon‐Bush tradition of presidential power. In shielding the torturers from prosecution, he has preserved kidnapping and torture as options, while asserting unreviewable authority to assassinate foreigners andAmerican citizens by remote controlled drones. These developments have transformed theAmerican presidency into a modern version of theStuart monarchies, at least where allegations of national security are concerned.

Key concepts: Torture, Political science, Law, Presidency, Power (physics), Presidential system, Human rights, Politics

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