I've gotta ask: Given that virtually all legal experts, including me (and this of course doesn't include Albert Gonzalez and his minions) know that Bush's argument that he holds plenary power to order spying during "wartime" is an complete crock, who's gonna tell him otherwise? If Congress "disagrees," what can they do but pass some resolution or even a limiting statute, which Bush will, according to him, be empowered to ignore? And if the courts disagree? Well, under the "unitary executive" theory, Bush may ignore that branch too.
Bottom line: Whether his program is declared "legal" or not by Congress and/or the federal courts, Bush will continue it if he chooses to. Only if the courts somehow influence the military branch--or maybe the US Marshal Service, which is under the courts' jurisdiction (at least I think they still are)--to enforce any decree they enter, will the spying stop.
Oh boy--a full-scale constitutional crisis. I can't wait.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment