Let Me Just Remind You

UPDATE:

Of all the things that tomorrow's election is about - economic sanity, competent government, ending a misbegotten war - the most important issue is the Supreme Court. The next president is likely to appoint 2 or 3 justices to the court.

Of all the issues that will come before the Supreme Court - abortion, pay discrimination, corporate liability - one stands above all else. The Unitary Executive. This is the theory of government that the president has unlimited and unchecked powers in a time of emergency and the president has the power to declare said emergency. This is what Bush and Co. have done. They have attacked and undermined our constitutional order beyond anything I ever thought could be possible. And they appointed justices - Roberts and Alito - that would support their view of the world. McCain wants to appoint the same kind of justices.

Not to be melodramatic, but we CANNOT survive that.

See Andrew's endorsement from today. Go read it all.

But we saw in 2006 that, when push came to shove, even McCain acquiesced to the legalization of America's use of the very same torture techniques once used against him. And in this campaign, we have seen how no Republican candidate can escape the logic of bigotry, fanaticism and xenophobia that now grips and motivates the Republican party base. We have also learned, much more importantly, that McCain would appoint Justices to the Supreme Court who would acquiesce to and constitutionally entrench the dictatorial presidency that Bush-Cheney believe in as loyally as Roberts, Alito, Thomas and Scalia. That means we are one vote away from the court ever restraining this unchecked executive. It doesn't matter who that executive is and what party he or she belongs to. What matters is that the controls upon it - controls critical to the endurance of constitutional balance and Baghdadfrancopagettitime individual freedom in America - have been frayed to the breaking point. There is no greater cause right now than repairing that.

If I were to give one reason why I believe electing Barack Obama is essential tomorrow, it would be an end to this dark, lawless period in American constitutional government.

...

Unlike McCain, Obama has never wavered on torture or habeas corpus or on keeping the executive branch under the law. His deep understanding and awareness of the Constitution eclipses McCain's. Coming from the opposing party, he will also be able to restore confidence that what lies within America's secret government - the one constructed by Bush and Cheney beyond any accountability, law or morality - will be ended or cleaned up. He can restore critically needed trust again - and force the Democratic party to take responsibility for a war which we all need to own, and take responsibility for, again.

If you haven't already, go vote tomorrow.


UPDATE II
Let me just expand a little on what I wrote above and this is an argument for Democrats, Republicans, Independatns, Greens, Libertarians, and what not. Americans have a history of electing divided governments. We seem to like the president to come from one party and have our Congress controlled by the other party. But if McCain is elected and appoints judges in the vein of Roberts and Alito then we could expect to see that Supreme Court confirm and uphold the Unitary Executive theory. The Unitary Executive cuts off checks and balances. The President declares something and that's the final word. If that happens divided government means bupkis. I don't want any president, be it Bush, McCain, Obama, Clinton, or anyone else having unchecked power.