Alito Understands Courts' Limits

Liberals on the Senate Judiciary Committee have been wringing their hands over Judge Samuel Alito's belief in the theory of the "unitary executive," which holds that the Constitution vests the presidency with sweeping power, especially in wartime. But their questioning of Alito reveals their own casual embrace of their own unitary theory-that of the "unitary judiciary." Underlying every question posed to Alito is the growing and seemingly unbridgeable gap between liberals and conservatives regarding the scope of the judicial branch's authority.

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