How does Article II lead to the unchecked executive?
David Cole, “What Bush Wants to Hear“: Yoo’s most famous piece of advice was in an August 2002 memorandum stating that the president cannot constitutionally be barred from ordering torture in wartime—even though the United States has signed and ratified a treaty absolutely forbidding torture under all circumstances, and even though Congress has passed a law pursuant to that treaty, which without any exceptions prohibits torture. Yoo reasoned that because the Constitution makes the president the “Commander-in-Chief,” no law can restrict the actions he may take in pursuit of war. On this reasoning, the president would be entitled by the Constitution to resort to genocide if he wished. Ronald Dworkin, “The Strange Case of Judge Alito“: [Alito] was equally cagey about his past statements on what might turn out to be an even more important constitutional issue: the president’s claimed pow
