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Response to Ken B. If GW had requested and received a declaration of war against Iraq as required by the Constitution, then he would placed his authority under that of the Constitution and would have defended the highest law of the land. Instead, GW went to war based on the 1973 War Powers Act and Congress passed the buck onto the President so they all dropped the ball. We will never know if Congress would have passed a declaration, so the burden of making the worst foreign policy in my lifetime must remain with GW Bush. The difference between a Judge Scalia (Reagan appointee) and a Judge Roberts (GW Bush appointee) is the difference that will rage between Congress and Obama this year over the new appointee- the first placed himself under the authority of the Constitution and the second over the Constitution. A fifth grader could have judged the ACA as unconstitutional but Judge Roberts declared otherwise. GW Bush was no defender of the Constitution and the sooner he and his brother disappear the better.

To quote Judge Napolitano "President George W. Bush was fond of saying that “9/11 changed everything.” He used that one-liner often as a purported moral basis to justify the radical restructuring of federal law and the federal assault on personal liberties over which he presided. He cast aside his oath to preserve, protect and defend the Constitution; he rejected his oath to enforce all federal laws faithfully; and he moved the government decidedly in the direction of secret laws, secret procedures and secret courts."