Can the next (Democratic) President use executive order to nullify torture

[Ignacio Upton]

It's a sad day for America, as torture is in and habeus corpus is out. Even if we take back Congress this year, I don't see us overturning this POS "legislation" because Bush will still be around to veto any repeal. However, come 2008 we will be able to take back the White House. Unfortunately, I don't see us having the super-majority needed to repeal most of Bush's nefarious legislation, and it's possible that the Republicans might still control Congress in 2008 (or perhaps narrowly taking back narrowly what we gain in 2006 despite a winning Presidential election.) In order to stop a GOP Congress or one that's still held hostage to them (they could filibuster if they lose the Senate, and I don't see us trying the nuclear option) would you support the President (Warner, Clark, Feingold, Edwards, etc.) using executive order to wipe out the toture legislation, the wiretapping program, and the Patriot Act? Is it possible to do this on other acts passed under Bush, like the Bankruptcy Bill or the tax cuts? I know that Congress has to be involved in there somewhere, but they just signed away their relevence, and if our President has to deal with the likes of Dennis Hastert or Mitch McConnell (or a spineless Democratic Congress that's afraid of losing seats in 2010) he should damn well use executive order!

[Eric J in MN]

1. The next president can cancel any executive orders which Bush

...issues to allow torture.

And cancel the warrantless wiretapping program.

The Patriot Act could only be repealed by Congress.

[Ignacio Upton]

2. That's not good enough

Torture will still be allowed under Congressional fiat (and possibly SCOTUS fiat because of people like Alito.) Fuck it, if ever there was a time to have a unitary executive, it will be during the next administration. For example, if the SCOTUS overturns Roe v. Wade or upholds Bush's abuses of civil liberties, the next President needs to pull an Andrew Jackson and say "John Roberts made his decision. Let him enforce it!"

[jayctravis]

6. Just use a signing statement...

"I interpret this budget to proclaim that George W. Bush is a doodyhead, and he is wanted dead or alive."

[and-justice-for-all]

3. Dems are diplomats, not warmongers or dominist

[Ignacio Upton]

4. Using executive order doesn't mean you're a war mongerer

As far as I'm concerned, a Machiavellian approach may be the only solution if Congress won't comply with the next President in rolling back the Bush agenda.

[nemo137]

5. No, if we retake the WH in 08, our priority should be

restoring the republic. Not nailing up proscription lists, not abusing the system, but restoring the federal government to what it should be.