Here’s an interesting contradiction that I mentioned to my class on the presidency — the Bush administration claims to support strict constructionist judges, yet its vision of untrammeled executive power relies heavily on a sort of inferential constitutional interpretation that it otherwise decries. (Think, for instance, about the constitutional basis for warrantless wiretapping, sweeping claims of executive privilege, fighting wars without a declaration of war, etc.) No one ever mentions this and I don’t know why.