So Cobra Commander
got a slap in the face courtesy of the (extraordinary) SCOTUS. For his part, Bush
promised to be a good boy until
Congress can help make him right in the eyes of the law. Fine.
A lay person in the world of politics might be asking, "How did we get here? Why are those Democrats saying that Bush broke the law?"
Let's try to address these questions, shall we?
The second question is easier to answer than the first: people are saying that Bush broke the law because, well,
he kinda did. But hey, the guy majored in history, not law. I personally blame Cheney and Gonzales for this, especially Gonzales since
he went on record and discribed Bush's legal expertise.
The first question is harder to answer: Personally, I think we got here because some people didn't step up to the plate. But in regards to the Bush Era, it comes down to one document:
The Authorization for Use of Military Force
This resolution is the jusification for pretty much everything questionable the Bush Adminsitration has done, whether directly or indirectly. And it's alot like Bush: vaguely specific and specifically vague.
That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons. (emph mine)
Note the latent sexism in the text; I guess Hillary or Condi, should they ever get sworn in by Roberts, wouldn't be able to use this resolution.
Of course, we know now that the SCOTUS said that the AUMF didn't say that the President couldn't hold super-ultra-special tribunals, so that's one misinterpretation of the resolution down, about 9,372,681 to go. And don't think this bunch won't try the "Well How About This One?" tatic. The guy has already broke the record for signing statements and vacations; breaking the records in making appeals to the SCOTUS is the trifecta!
Despite anything the Courts said, Bush still believes he has a blank check. He once called it "political capital." Some call it "the Rubber Stamp Congress." Regardless of the name, it's his trump card and he ain't letting it go without a fight.