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View Diary: A Little Bit of Monarchy (79 comments)

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  •  Central points are relatively simple, actually (none)
    One of your best columns, btw.

    The key points are these: The Constitution gives the President a limited range of powers and responsibilities. The latter include the requirement that the President uphold the laws.

    Bush has staked a claim to powers that are not supported by the Constitution, statute, or case law. Neither has any President ever made such a sweeping case for his own power. Bush is defending actions that clearly violate statute. Therefore he has behaved unconstitutionally in rejecting unilaterally the laws he is sworn to uphold.

    I gather that you also believe Bush has violated the Fourth Amendment. (I have no doubt that Bush has.) The only way to modify the prohibitions set out in the Fourth is by Congressional action. Congress did act, with the Foreign Intelligence Surveillance Act, which governs the issues in question. It is this statute that Bush rejected.

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