This is from a live chat Q&A on WaPo today
Concord, N.H.: Sen. Biden,
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I have a question that no one seems to ask of the candidates. What are your thoughts on the expansion of the executive branch that has happened in the past six years? Would you pull back from that expansion, or do you consider the current administration's position to be an accurate and lawful one? Would you be willing to inject more transparency into the way the executive conducts business? It seems like any request for disclosure falls under the blanket cloak of executive privilege these days.
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Sen. Joe Biden: In my view this administration has abused the Constitution more than any administration in modern history, and I predict that in the next several years, we are going to learn just how much they have trampled on our Constitutional rights and distorted our treaty obligations.
This administration redefined torture as existing only if "organ failure or death" results from the treatment of the prisoner. I pledge to you and every American that I will not attempt to maintain this bogus constitutional argument of a unitary executive.
That is why I voted against Gonzales's confirmation in the first place. That's why I was the first to call for his resignation, as well as for that of Rumsfeld. And that is why I called for accountability of officers and generals for Abu Ghraib, and for the immediate closure of Guantanamo Bay.
You can rest assured I will reverse the erosion of our Constitutional rights and adherence to the international treaties we sign.
http://www.washingtonpost.com/wp-dyn/content/discussion/2007/10/04/DI2007100401628.html