KIND OF A LONG ARTICLE ......
“The Constitution has never greatly bothered any wartime president,” wrote Francis Biddle, F.D.R.’s attorney general during World War II. Biddle was writing about Roosevelt’s shameful 1942 decision to evacuate Japanese-Americans from the Pacific Coast and place them in internment camps. But Biddle’s comment applies to all presidents in times of crisis. National survival or, perhaps more accurately, the president’s perception of national survival always takes precedence. George W. Bush has been no exception.
In 1798, during the undeclared war against France, President John Adams supported passage of the Alien and Sedition Acts, which criminalized political dissent and gave the president a free hand to deport any noncitizen he deemed “dangerous to the peace and safety of the United States.”
Ten years later, President Thomas Jefferson sought to enforce the Embargo Act, which prohibited trade with Great Britain, by charging those who violated it with treason – an egregious example of executive overreach that the federal courts quickly rejected.
Andrew Jackson’s contempt for the treaty rights of the Cherokee Nation is a familiar story. Less well-known is Jackson’s attempt to halt the distribution of abolitionist literature in the South by censoring the mail.......
http://freedemocracy.blogspot.com/2007/05/jean-edward-smith-stretching-executive.html