Durbin's opening statement on Alito

There is also the issue of personal privacy when it comes the executive power. Throughout our nation's history, whether it was habeas corpus during the Civil War, Alien and Sedition Acts in World War I, or Japanese internment camps in World War II, presidents have gone too far.

And, in going too far, they have taken away the individual rights of American citizens.

The last stop to protect those rights and liberties is the Supreme Court. That's why we want to make certain that, when it come to the checks and balances of the Constitution, that you will stand with our founding fathers in protecting us from a government or a president determined to seize too much power in the name of national security.

As a government lawyer, you pushed a policy of legislative construction designed to make congressional speeches to the Federalist Society, you've identified yourself as a strong proponent of the so-called unitary executive theory. That's a marginal theory at best, and yet it's one that you've said you believe.

This is not an abstract debate. The Bush administration has repeatedly cited this theory to justify its most controversial policies in the war on terrorism.

Under this theory, the Bush administration has claimed the right to seize American citizens in the United States and imprison them indefinitely without a charge.

They've claimed this right to engage in torture even though American law makes torture are a crime.

Less than two weeks ago, the White House claimed the right to set aside the McCain torture amendment that passed the Senate 90-9.

What was the rationale? The unitary executive theory, which you've spoken of.

In the Hamdi case, Justice O'Connor wrote for the plurality, and it's been quoted many times, "A state of war is not a blank check for the president when it comes to the rights of the nation's citizens."

If you're confirmed, Judge Alito, who will inspire your thinking if this president or any president threatens our fundamental constitutional rights? Will it be the Federalist Society or will it be Sandra Day O'Connor?

Two months ago, Rosa Parks was laid to rest. Her body lie in state in the Capitol Rotunda, a fitting tribute to the mother of our modern civil rights movement. Her courage is well-known.

MORE FROM THE CHANGING COURT

The Changing Court Section Front

On first case, Alito splits with right Alito sworn in as Supreme Court justice Alito lends touch of drama to State of Union Analysis: Why Bush won the Alito fight The Changing Court Section Front   Add The Changing Court headlines to your news reader: