And it would be a mistake to overlook Congress’ role. Members from both parties voted for laws like the Military Commissions Act of 2006, which stripped detainees of habeas corpus rights, and looked the other way while the rule of law was diminished.
Still, Feingold is convinced that this is a critical moment. If the next president does not reverse the Bush administration’s doctrines, he fears that they will no longer simply be the policies of one extremist president. The danger is that they will be the nation’s new understanding of the Constitution.
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