I'm not really sure how this fits into Jonathan Rauch's idea that John McCain is a Burkean conservative:

If elected president, Senator John McCain would reserve the right to run his own warrantless wiretapping program against Americans, based on the theory that the president's wartime powers trump federal criminal statutes and court oversight, according to a statement released by his campaign Monday.

That sounds more like a Bush conservative to me, full of casual disregard for the law, eager to trample on people's rights, etc.

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