Though he pledges not to take them himself, why is the president empowering his successors to take actions that he admits are un-American?

For many liberals, the ACLU fulfills a role akin to a canary in a coal mine: it's beyond the capacity of the average citizen to monitor every piece of legislation that might impact civil liberties, but when the organization starts freaking out it's taken as a credible signal that our rights are in peril. As America turned its calendars from 2011 to 2012, we witnessed that kind of moment. "President Obama's action today is a blight on his legacy because he will forever be known as the president who signed indefinite detention without charge or trial into law," said Anthony D. Romero, the ACLU's executive director. "The statute is particularly dangerous because it has no temporal or geographic limitations, and can be used by this and future presidents to militarily detain people captured far from any battlefield." Warnings are seldom so dire.

But there is an even more noteworthy signal that the National Defense Authorization Act, the bill in question, imprudently empowered the executive branch: the fact that President Obama himself concedes as much. "I want to clarify that my Administration will not authorize the indefinite military detention without trial of American citizens," he said in a statement released when he signed the bill. "Indeed, I believe that doing so would break with our most important traditions and values as a Nation." Put another way, our shortsighted president, knowing his own intentions, has assured us that he won't exercise powers in the bill that he regards as un-American, but doesn't mention that the restraint he vows won't bind future presidents one bit.