July 19, 2006

I GUESS THAT SEPARATION OF POWERS THING WAS REAL AFTER ALL:

Presidential Power on Steroids: Courtesy of Sen. Specter's eavesdropping bill. (Patrick Radden Keefe, 19 July 2006, Slate)

So, to sum up this civic morass: In 1978 Congress passed a sweeping law limiting the power of the president to spy on the American people. A quarter-century later, Bush administration lawyers concluded that this law was unconstitutional. Rather than challenge its constitutionality in the courts, they elected to violate it in secret. And now, in the name of oversight, the chair of the Senate Judiciary committee is proposing to bypass any rigorous judicial assessment of the president's constitutional prerogatives and instead to endorse the administration's position—a position, incidentally, that the Supreme Court rejected just weeks ago in another context. The bill amounts to the repeal-by-amendment of FISA.

The Left has become so accustomed to rule by judicial fiat that they can no longer conceive of an issue on which the Supreme Court does not have final say.

Posted by Pepys at July 19, 2006 11:08 PM
Comments

I guess that "coequal" thing was real, too.

Posted by: David Cohen at July 20, 2006 7:42 AM

Bummer.

Posted by: erp at July 20, 2006 10:46 AM
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