bruce ackerman has been upset about it for a good reason.the increasing executive power and the dramatic emergencies in the depression, world war i, world war ii, the cold war there's been no emergencies that justifies these things, just pure politics instead of trying julia king we are just going to do whatever we want and finally we have another aspect that pushed executive powers and one specific area i-india thought or other examples to come up with. so i thought thought of it more as the academic style in the power and i became convinced. i thought that it was exaggerated propaganda. i thought i should alert the public about it but i'm not really concerned obama is gone but what is more important i wrote this book in part for people that were concerned but think about what happened and think about the danger that is created and not go along with event. he's out the door. thank you. [applause] >> i am concerned about president obama because we have one more year to go. let's take your questions. please wait for the microphone to come and

i have to note that professor bernstein in his book sites an article by my very close friend bruce ackerman who is a very prominent left libertarian and certainly a brilliant expert on the constitution for the proposition that the czars the president was supposedly creating at some point early in the administration are another milestone on the path to an imperial presidency. in this article bruce cited the creation of a position on the white house for good elizabeth warren before she was basically found no place in the administration was forced to run for office which turned out to be a pretty good ring for her, and he says, bruce says in his article that making her, giving her white house staff position demands that the secretary of the treasury tim geithner would be a mere rubber stamp for her. i think we can always wear political persuasion can chuckle at that notion. another dead horse that is always dead is professor bernstein's curious elevation of the surveillance of the critical legal studies movement at harvard law school and somehow trying to say that this movement , which i must

bruce ackerman at yale law school has suggested, for example, replacing the office of legal counsel injustice department with an independent judiciary, a tribunal of senate-confirmed judges. no one who's worked in government thinks that's remotely pragmatic, that that would work. it's in terms of these things are happening all the time, and a lot of the discussions are fluid between law and policy and deliberations. there's not a place where you just, everything stops and we'll see what the court says next month when they get around to issuing. that's not how governance functions as a real world matter. that doesn't seem to be a satisfying solution, and the problem is there doesn't seem to be a satisfying solution. he came up with an idea, and he put it out there. i don't have an alternative idea. so the best aye been able to come -- i've been able to come up with is transparency. the check of public opinion and whether it's, hey, we're rectally rehydrating people, is that what we as a country are all about or whether it's this here's this interpretation of the patriot act that everyon