The Supreme Court has never ruled that the president does not ultimately have the authority to collect foreign intelligence - here and abroad - as he sees fit.William Kristol is editor of The Weekly Standard. Gary Schmitt is a resident scholar at the American Enterprise Institute. This piece originally appeared in the Washington Post.
by William Kristol and Gary Schmitt
This is not an argument for an unfettered executive prerogative. Under our system of separated powers, Congress has the right and the ability to judge whether President Bush has in fact used his executive discretion soundly, and to hold him responsible if he hasn't. But to engage in demagogic rhetoric about "imperial" presidents and "monarchic" pretensions, with no evidence that the president has abused his discretion, is foolish and irresponsible.
[If Bush broke any law impeach him! Or is this just continuing the legislature, judicial and executive debate that began with Madison and Marbury and Marshall.]
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