The Law B arack O bama and C ivil L iberties

Most A mericans would like to believe that no person is above the law. When P resident R ichard M . N ixon claimed such powers, he was driven from office. When P resident G eorge W . B ush authorized the torture of prisoners, that abuse was viewed as an aberration. But, as this article documents, P resident B arack O bama is squarely in the N ixon‐ B ush 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 and A merican citizens by remote controlled drones. These developments have transformed the A merican presidency into a modern version of the S tuart monarchies, at least where allegations of national security are concerned.