Schumer questions nominee's theory on executive role - The Boston Globe

Schumer questions nominee's theory on executive role - The Boston Globe: "January 10, 2006

WASHINGTON -- Senator Charles E. Schumer yesterday signaled that he will grill the Supreme Court nominee, Samuel A. Alito Jr. over the next few days about the judge's endorsement of the ''unitary executive theory,' an expansive view of presidential power that calls for greater White House control of government operations and a reduced role for Congress.
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''That's a marginal theory at best, and yet it's one that you've said you believe,' said Schumer, a New York Democrat, during his opening statement at Alito's hearing before the Senate Judiciary Committee.

''This is not an abstract debate,' Schumer said. ''The Bush administration has repeatedly cited this theory to justify its most controversial policies in the war on terrorism.'

Schumer added, ''Under this theory, the Bush administration has claimed the right to seize American citizens in the United States and imprison them indefinitely without a charge.

''They've claimed this right to engage in torture, even though American law makes torture a crime.

''What was the rationale?' Schumer added. ''The unitary executive theory, which you've spoken of.'

Adherents of the theory say that the Constitution prevents Congress from passing a law restricting the president's power over executive branch operations. And, they say, any president who refuses to obey such a statute is not really breaking the l"