The Constitutional Legacy of George W. Bush

This article examines the assertions of constitutional power by President George W. Bush and argues that he established significant precedents that have enlarged the range of future presidential discretion. Bush broke new constitutional ground in authorizing coercive interrogations, denying suspected terrorists the privilege of habeas corpus, warrantless surveillance of Americans, and the excessive use of signing statements. Senator Barack Obama often criticized Bush on constitutional and policy grounds. When he became president, he curbed some of President Bush's excesses, but he adopted similar policies and extended executive power in other areas. That a president so different from President Bush on partisan affiliation, policy priorities, and temperament would accept and continue important aspects of his constitutional legacy attests to the foresight of the framers of the Constitution that executives continue to seek power.