Monday, December 19, 2005

Althouse on FISA and Wiretaps

Ann Althouse has a discussion of the wiretap story, with a strong comment thread going. One money graf from Ann:
Several people here are forgetting about the President's powers as Commander in Chief. The idea that Congress wins in a standoff is NOT at all clear. And the question whether we've got a standoff is also NOT clear. Those who are saying what Bush did is "blatantly" unconstitutional are either just repeating what they've heard, not up on constitutional law, or big partisans spreading propanganda, or something else that I'm failing to think of. But they are NOT telling it straight. And it's only because of a reprehensible leak that the President is now in the position of having to counter all these free-swinging arguments that people have unwittingly bought way too early.
I hadn't even thought about the war powers aspect of this. (I am not a lawyer...thank you, God.)

1 comment:

mythago said...

The idea that Commander in Chief pwnz0rs Congress WTFINTEHFACE! is also BS.

The fact that the anti-Fourth Amendment side is screeching so much about TERRORISM! and BUT HE'S THE PRESIDENT! is a pretty clear indicator of the soundness of the argument.