Stopping the Steam Roller Legally
The Republican controlled Congress has made it clear that it intends to do exactly nothing about the Emperor in Chief's illegal domestic spying program. That didn't stop Sen. Charles Schumer from introducing a bill that would facilitate a quick Supreme Court hearing of the issue. All things considered, the bill does provide for a sensible approach to the issue. There's just one flaw in the plan. First, however, here is how the NY Times assesses Schumer's plan in an editorial:
Congress seems to lack the backbone to stop President Bush from authorizing wiretaps without court orders, and censuring him would probably not do much to make him follow the law. What could make a real difference would be a Supreme Court ruling that found his domestic surveillance program to be illegal.
A recently introduced bill would provide a good way to resolve the matter: putting the National Security Agency's secret spying program on a fast track to Supreme Court review.
...The courts are in a better position than Congress to take on this issue. Under its current leadership, Congress has failed to investigate the domestic spying program seriously or to pass the legislation that is needed to rein it in.
...Getting the courts involved would elevate the domestic spying debate from the level at which it has languished in Congress — where defenders of the program have been quick to charge critics with being politically motivated and unpatriotic. A ruling from the Supreme Court would keep the focus where it should be, on the law and the serious civil liberties issues presented by Mr. Bush's domestic espionage. [Emphasis added]
The flaw, of course, is that a Congress that won't "investigate the program seriously" or "pass the legislation that is needed to rein it in" is unlikely to pass a bill that would allow the Supreme Court a shot at stopping the imperialization of the presidency. Still, the bill is there. Perhaps deluging senate offices with telephone calls and faxes the way citizens did during the Dubai Ports World scuffle might grab incumbents' attention this election year.
It's certainly worth a shot, especially when so much is at stake.
Congress seems to lack the backbone to stop President Bush from authorizing wiretaps without court orders, and censuring him would probably not do much to make him follow the law. What could make a real difference would be a Supreme Court ruling that found his domestic surveillance program to be illegal.
A recently introduced bill would provide a good way to resolve the matter: putting the National Security Agency's secret spying program on a fast track to Supreme Court review.
...The courts are in a better position than Congress to take on this issue. Under its current leadership, Congress has failed to investigate the domestic spying program seriously or to pass the legislation that is needed to rein it in.
...Getting the courts involved would elevate the domestic spying debate from the level at which it has languished in Congress — where defenders of the program have been quick to charge critics with being politically motivated and unpatriotic. A ruling from the Supreme Court would keep the focus where it should be, on the law and the serious civil liberties issues presented by Mr. Bush's domestic espionage. [Emphasis added]
The flaw, of course, is that a Congress that won't "investigate the program seriously" or "pass the legislation that is needed to rein it in" is unlikely to pass a bill that would allow the Supreme Court a shot at stopping the imperialization of the presidency. Still, the bill is there. Perhaps deluging senate offices with telephone calls and faxes the way citizens did during the Dubai Ports World scuffle might grab incumbents' attention this election year.
It's certainly worth a shot, especially when so much is at stake.
posted by Diane at 3:55 AM
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