Kagro X wrote a rather scary essay yesterday that explains why the NeoCons have been pushing this "warrantless wiretap" business so hard. His argument is that the Constitution is never any more or less than what a majority of the current Supreme Court Justices say it is, and that since the Nixon period, the right wing has been stuffing the Court with their own adherents.
Forget what you think you know about Constitutional Law. What Kagro X is doing is laying out the battle ground for real changes in what we all think the Constitution says and requires.
Then go look at this article about where Presidential Signing Statements originated.
The term "Settled Law" was used in the last two Supreme Court Hearings. Kagro X is describing what it takes to move an issue from the category of settled law into the category of law in dispute. The process applies to the powers of the President with relation to the Congress and to Roe vs. Wade.
Bush may get to name even one or two more Supreme Court Justices before he leaves office. What we believe is settled and firm in America is not as long as Bush is President and the Republicans are under the control of the radical right wing.
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