Yes, the cartoon strip is only marginally applicable. And perhaps Obama might just turn out to be the constitutional adherent and civil libertarian we'd like him to be. And maybe Nader was full of used food about this in his campaign rhetoric. I believe the latter to be less likely than the former.
The issue is complicated; most issues of this kind are. Whatever the case, I would like to see or hear something to the effect that the US Constitution shall strictly apply. I did not see or hear that. It can not be taken for granted nowadays.