They seized countless individuals with no trials and no hearings. They tortured dozens to death. They subjected many more to some of the worst psychological torture techniques devised by Communist totalitarians and the worst physical suffering devised by the Gestapo. They crossed lines no American president had ever crossed before. They withdrew the US from the Geneva Conventions - and did so secretly. They tapped American's phones without warrants, and forced many of their randomly grabbed prisoners into the black hole of insanity. They set up secret sites in former Soviet gulags to torture their victims. They single-handedly devastated America's reputation for human rights and the rule of law in the minds of the vast majority of people in other Western democracies, let alone the developing world, let alone the millions of Muslims across the Middle East who now suspect that America is not really better than their own thugocracies, that America also tortures when it wants to, that the shining city on a hill is actually a place where men above the law can do anything they want to other human beings in their custody.

No economic mismanagement can compare with this attack on the basic institutions of our democracy and the constitution. No incompetence in conducting an occupation can be deemed comparable with this level of criminality and indecency. No reaction to a natural disaster, however hapless and negligent, is as grave as this crime. No financial crisis eclipses it in gravity. The president's oath is to protect the constitution from enemies foreign and domestic. Instead, the president himself became an enemy to the constitution he swore to uphold.

This is the depth of the predicament the United States is in. The Islamist threat remains; but the Constitution is in deep disrepair, the military stretched to breaking point, the national debt doubled, and America's reputation in terrible shape. More important, the president and vice-president deeply damaged the reliability and integrity of America's intelligence services, creating a self-perpetuating loop of phony intelligence procured by torture which then justified more torture which led to worse intelligence. It will be decades before we learn the full extent of the damage Bush and Cheney have done to the country's ability to find out what the enemy is really up to, how much risk these sadists and goons have subjected us to, how much damage to this country they may have facilitated by filling intelligence with the garbage always created by torture. We do know that their policy has led to just one successful prosecution - and that many guilty figures will escape justice because torture has tainted the legal process beyond repair.

My great fear since 2004 is that this could have gotten even worse. Another attack and the abuse of power could have become much worse. A Romney or a Giuliani, empowered by religious fanaticism and a worship of state power, could have taken us down a path much darker than even the Cheney-Addington-Yoo cul-de-sac. Ron Paul emerged as the one Republican prepared to defend the rule of law, the Constitution and habeas corpus in the primaries. But, in the end, McCain emerged by default, a torture victim himself, and a critic of some aspects of the conduct of the war. But we saw in 2006 that, when push came to shove, even McCain acquiesced to the legalization of America's use of the very same torture techniques once used against him. And in this campaign, we have seen how no Republican candidate can escape the logic of bigotry, fanaticism and xenophobia that now grips and motivates the Republican party base. We have also learned, much more importantly, that McCain would appoint Justices to the Supreme Court who would acquiesce to and constitutionally entrench the dictatorial presidency that Bush-Cheney believe in as loyally as Roberts, Alito, Thomas and Scalia. That means we are one vote away from the court ever restraining this unchecked executive. It doesn't matter who that executive is and what party he or she belongs to. What matters is that the controls upon it - controls critical to the endurance of constitutional balance and individual freedom in America - have been frayed to the breaking point. There is no greater cause right now than repairing that.