Jack Balkin sums up the legal and constitutional view that prevailed from 2001 to 2009:
The President, because he is President, may do whatever he thinks is necessary, even in the domestic context, if he acts for military and national security reasons in his capacity as Commander in Chief. This theory of presidential power argues, in essence, that when the President acts in his capacity as Commander-in-Chief, he may make his own rules and cannot be bound by Congressional laws to the contrary. This is a theory of presidential dictatorship.
These views are outrageous and inconsistent with basic principles of the Constitution as well as with two centuries of legal precedents.
Investigate. Expose. Prosecute.
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