Too bad, it sounds like he would have gotten away with it.
No, the howl from the MSM and the left would have been deafening for weeks on end. SEIU, Acorn, Code Pink, and a thousand other liberal organizations would have protested immediately. He might have been able to get away with it, but the political price would have been too high. Obama doesn't have to worry about any of that.
Bush wouldn't do it anyway, he actually has respect for our Constitution IMHO.