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And what about all the progressives who screamed for years about the Bush administration's tyrannical treatment of Jose Padilla?  Bush merely imprisoned Padilla for years without a trial.  If that's a vicious, tyrannical assault on the Constitution -- and it was -- what should they be saying about the Nobel Peace Prize winner's assassination of American citizens without any due process?

All of this underscores the principal point made in this excellent new article by Eli Lake, who compellingly and comprehensively documents what readers here well know:  that while Obama's "speeches and some of his administration’s policy rollouts have emphasized a break from the Bush era," the reality is that the administration has retained and, in some cases, built upon the core Bush/Cheney approach to civil liberties and Terrorism.  As Al Gore asked in his superb 2006 speech protesting Bush's "War on the Constitution":

Can it be true that any president really has such powers under our Constitution?

If the answer is yes, then under the theory by which these acts are committed, are there any acts that can on their face be prohibited?

If the president has the inherent authority to eavesdrop on American citizens without a warrant, imprison American citizens on his own declaration, kidnap and torture, then what can't he do?

Notice the power that was missing from Gore's indictment of Bush radicalism:  the power to kill American citizens.  Add that to the litany -- as Obama has now done -- and consider how much more compelling Gore's accusatory questions become.

UPDATE:  When Obama was seeking the Democratic nomination, the Constitutional Law Scholar answered a questionnaire about executive power distributed by The Boston Globe's Charlie Savage, and this was one of his answers:

5. Does the Constitution permit a president to detain US citizens without charges as unlawful enemy combatants?

[Obama]:  No. I reject the Bush Administration's claim that the President has plenary authority under the Constitution to detain U.S. citizens without charges as unlawful enemy combatants.

So back then, Obama said the President lacks the power merely to detain U.S. citizens without charges.  Now, as President, he claims the power to assassinate them without charges.  Could even his hardest-core loyalists try to reconcile that with a straight face?  As Spencer Ackerman documents today, not even John Yoo claimed that the President possessed the power Obama is claiming here.

UPDATE II:  If you're going to go into the comment section -- or anywhere else -- and argue that this is all justified because Awlaki is an Evil, Violent, Murdering Terrorist Trying to Kill Americans, you should say how you know that.  Generally, guilt is determined by having a trial where the evidence is presented and the accused has an opportunity to defend himself -- not by putting blind authoritarian faith in the unchecked accusations of government leaders, even if it happens to be Barack Obama.  That's especially true given how many times accusations of Terrorism by the U.S. Government have proven to be false.

UPDATE III:  Congratulations, Barack Obama:  you're now to the Right of National Review on issues of executive power and due process, as Kevin Williamson objects:  "Surely there has to be some operational constraint on the executive when it comes to the killing of U.S. citizens. . . . Odious as Awlaki is, this seems to me to be setting an awful and reckless precedent. "  But Andy McCarthy -- who is about the most crazed Far Right extremist on such matters as it gets, literally -- is as pleased as can be with what Obama is doing (or, as Gawker puts it, "Obama Does Something Bloodthirsty Enough to Please the Psychos").

UPDATE IV:  Keith Olbermann's coverage of this story was quite good tonight -- see here.

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