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SUNDAY, NOVEMBER 22, 2009
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Top Court Candidates Differ Widely on Exec Power

New justice will be key to defining prez limits

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(Newser) – Most Supreme Court watchers say that Barack Obama's choice to succeed David Souter will change little, since the retiring justice was a reliable member of the court's liberal bloc. But on critical questions of presidential power, which Souter regularly sought to check, the new justice's vote could be crucial. Obama's top court candidates have wifely differing views about the role of the executive, reports the New York Times.

Chicago appeals judge Diane Wood has written that "in a democracy, those responsible for national security must do more than say, 'Trust us, we know best.'" Elena Kagan, by contrast, has defended strong presidential powers. In her solicitor general confirmation hearing, she said the president can detain a suspect linked to al-Qaeda indefinitely without trial. The issue will be critical for Obama—who has not only preserved many Bush-era expansions of executive power, but has also taken unilateral action on the economy.

Elena Kagan, the solicitor general, has taken a relatively expansive view of presidential powers.
Elena Kagan, the solicitor general, has taken a relatively expansive view of presidential powers.   (AP Photo/Harvard University, Kathleen Dooher)
Judge Diane Wood, of the 7th US Circuit Court of Appeals, has been critical of the expanding powers of the executive branch.
Judge Diane Wood, of the 7th US Circuit Court of Appeals, has been critical of the expanding powers of the executive branch.   (AP Photo/University of Chicago, Lloyd DeGrane, File)
Barack Obama, in a unexpected visit to the White House press room early this month, tells reporters that he just got off the phone with Supreme Court Justice David Souter.
Barack Obama, in a unexpected visit to the White House press room early this month, tells reporters that he just got off the phone with Supreme Court Justice David Souter.   (AP Photo/Ron Edmonds)
FILE - In this Dec. 5, 2003 file photo, U.S. Supreme Court Associate Justice David Souter poses during a group portrait session with the members of the U.S. Supreme Court, at the Supreme Court Building in Washington.
FILE - In this Dec. 5, 2003 file photo, U.S. Supreme Court Associate Justice David Souter poses during a group portrait session with the members of the U.S. Supreme Court, at the Supreme Court Building...   (AP Photo/J. Scott Applewhite, File)
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TerrifiedCitizen
May 25, 09 1:22 PM CDT
Gee... is the constitution really so convoluted regarding the issue of presidential power that the world's highest ranking judiciary can't figure out what it says? I think not. One of the conflicts is that the bill of rights and the constitution both make the limits of authority for judges clear as well... and the bench very much enjoys the additional power and freedom afforded it by it's current status, just as much as sitting presidents do... None of these 'honored' people want to give up anything simply to revert to constitutional values, even though they only have to look around them to see what straying so far from it has done to America. Reply
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