The Cult of Commander in Chief

George W. Bush left the White House unpopular and disgraced. His successor promised change, and it was clear where change was needed. Illegal acts should cease—torture and indefinite detention, denial of habeas corpus and legal representation, unilateral canceling of treaties, defiance of Congress and the Constitution, nullification of laws by signing statements. Powers attributed to the president by the theory of the unitary executive should not be exercised. Judges who are willing to give the president any power he asks for should not be confirmed.

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The United States maintains an estimated one thousand military bases in other countries. I say "estimated" because the exact number, location, and size of the bases are either partly or entirely cloaked in secrecy, among other things to protect nuclear installations.The secrecy involved is such that during the Cuban Missile Crisis, President Kennedy did not even know, at first, that we had nuclear missiles stationed in Turkey.

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The whole history of America since World War II caused an inertial transfer of power toward the executive branch. The monopoly on use of nuclear weaponry, the cult of the commander in chief, the worldwide network of military bases to maintain nuclear alert and supremacy, the secret intelligence agencies, the entire national security state, the classification and clearance systems, the expansion of state secrets, the withholding of evidence and information, the permanent emergency that has melded World War II with the cold war and the cold war with the "war on terror"—all these make a vast and intricate structure that may not yield to effort at dismantling it.

  

It would be nice if somebody actually tried.

Obama's nominee for solicitor general, Elena Kagan, told Congress that she agreed with John Yoo's claim that a terrorist captured anywhere should be subject to "battlefield law."[2] On the first opportunity to abort trial proceedings by invoking "state secrets"—the policy based on the faulty Reynolds case—Obama's attorney gen- eral, Eric Holder, did so. Obama refused to release photographs of "enhanced interrogation." The CIA had earlier (illegally) destroyed ninety-two videotapes of such interrogations—and Obama refused to release documents describing the tapes.

The President said that past official crimes would not be investigated—certainly not for prosecution, and not even by an impartial "truth commission" just trying to establish a record. He said, on the contrary, that detainees might be tried in "military tribunals." When the British government, trying a terrorist suspect, decided to use some American documents shared with the British government, Obama's attorney general pressured it not to do so. Most important, perhaps, was the new president's desire to end the nation-building in Iraq while substituting a long-term nation-building effort in Afghanistan, run by a government corrupted by drug trafficking and not susceptible to our remolding.

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Gay military personnel, including those with valuable Arabic-language skills, were being dismissed at the same rate as before. Even more egregiously, the Obama administration continued the defiance of the Constitution's "full faith and credit" clause, which requires states to recognize laws passed by other states, when it defended the Defense of Marriage Act, which lets states refuse to recognize gay marriages legally obtained in another state.[...] [T]he Obama team, in June 2009, refused to release logs of those who come to the White House. (It later reversed itself, but only in response to a lawsuit.)

....but hey, do what you want....you will anyway.