George Bush is famously rumored to have said that the Constitution is nothing but "a g*ddamned piece of paper". With the FISA legislation brought to the floor of the House today, I think it's useful to reflect on the value of rights guaranteed by a Constitution to its citizens.
As described by (GG), our Congress wishes to enact a law that if the President says it was legal, nobody has any recourse. What Congress said was legal--is of no matter. What the courts determine to be legal--again, of no matter. What the Constitution itself says is legal--again of no matter. The suit is dismissed; and immunity is forever.
So will our Constitution protect us from an executive that takes such a wide-sweeping view of its powers? The experience with the Soviet Constitution makes very clear that the answer is: not by itself. Without a legislature, a judiciary, and a people ready to put its words into action, a constitution certainly can degenerate into nothing more than the fabled "piece of paper".
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