Triumph of Will

George Will, that is. After all these years as a GOP stalwart, the man can still surprise you. Then again, the piece is representative of true conservative principles as opposed to Bush worship.

No Checks, Many Imbalances

The next time a president asks Congress to pass something akin to what Congress passed on Sept. 14, 2001 -- the Authorization for Use of Military Force (AUMF) -- the resulting legislation might be longer than Proust's "Remembrance of Things Past." Congress, remembering what is happening today, might stipulate all the statutes and constitutional understandings that it does not intend the act to repeal or supersede.

But, then, perhaps no future president will ask for such congressional involvement in the gravest decision government makes -- going to war. Why would future presidents ask, if the present administration successfully asserts its current doctrine? It is that whenever the nation is at war, the other two branches of government have a radically diminished pertinence to governance, and the president determines what that pertinence shall be. This monarchical doctrine emerges from the administration's stance that warrantless surveillance by the National Security Agency targeting American citizens on American soil is a legal exercise of the president's inherent powers as commander in chief, even though it violates the clear language of the 1978 Foreign Intelligence Surveillance Act, which was written to regulate wartime surveillance.

Administration supporters incoherently argue that the AUMF also
authorized the NSA surveillance -- and that if the administration had
asked, Congress would have refused to authorize it. The first assertion
is implausible: None of the 518 legislators who voted for the AUMF has
said that he or she then thought it contained the permissiveness the
administration discerns in it. Did the administration, until the
program became known two months ago? Or was the AUMF then seized upon
as a justification? Equally implausible is the idea that in the months
after Sept. 11, Congress would have refused to revise the 1978 law in
ways that would authorize, with some supervision, NSA surveillance
that, even in today's more contentious climate, most serious people
consider conducive to national security.

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