Stealing Power from Congress

Glenn Greenwald hits it right on the nose. This isn't "just" about tapping phones. This is about usurping Congress' legislative power, and that is a violation of the Constitution.

No need for Congress, no need for courts

This continuous evasion of judicial review by the administration is much more serious and disturbing than has been discussed and realized. By proclaiming the power to ignore Congressional law and to do whatever it wants in the area of national security, it is seizing the powers of the legislative branch.

But it gets worse.

But by blocking courts from ruling on the multiple claims of illegality which have been made against it, the administration is essentially seizing the judicial power as well. It becomes the creator, the executor, and the interpreter of the law. And with that, the powers of all three branches become consolidated in The President, the single greatest nightmare of the founders. [Emphasis added.]

NSA has massive database of Americans' phone calls

This database collection may -- may -- be arguably legal. I don't know. Even though Bush lied and said only international calls were targetted by the NSA. "'In other words,' Bush explained, 'one end of the communication must be outside the United States.'"

But again, and again, the Executive has refused to find out if something is legal. Refused to argue legality before the branch charged with interpreting the law: the courts.

The Legislature makes law, the Executive implements law, and the Judiciary interprets it. That's the way it's supposed to work. And this is not the first time the Bush Administration has tried to circumvent that.

Fun With Surveillance