Progressive Talking Points 1/9/06

As hearings begin today on the nomination of Judge Samuel Alito to the Supreme Court, his view of presidential powers will be a central issue. In rulings and statements over the years, Alito’s view seems to be that the president has certain unlimited powers granted to him by the Constitution when it comes to national security. Given Alito’s past statements, he will have to prove during his hearings that he would be independent from the White House and that his past work is not an indication of how he would rule from the bench. Those past statements raise serious concerns that:

• Alito would support Bush’s program of eavesdropping on Americans. As Bush faces increasing criticism over his secret warrantless spying on American citizens, he could use the support of a Justice Alito, and Alito's record shows that he would have it. In 1984, Alito supported the use of illegal, warrantless wiretaps and wrote that the attorney general should be shielded from lawsuits.
  
  
• A Justice Alito would help Bush bypass torture bans. President Bush has issued at least 108 "signing statements," which lay out the president's interpretation of the law. In 1986, Alito, who was then working for Attorney General Edwin Meese III, proposed that President Reagan issue signing statements more frequently. Last week Bush "quietly reserved the right to bypass" restrictions on a bill outlawing the torture of detainees.
  
  
• Alito would support the sidestepping of Congress. In the past, Alito was known to have an expansive view of presidential powers. In a 2000 speech, Alito endorsed the theory of the "unitary executive," where "all federal executive power is vested by the Constitution in the president." Given the controversy surrounding Bush’s sidestepping of Congress and the courts for his wiretapping program, Alito’s views on absolute presidential authority should be cause for concern.