I beg to differ from the assertion in the headline. If President Bush were to be censured for authorizing domestic surveillance without court approval, the Constitution would benefit, and therefore the American people would benefit.
But the votes aren't there for censure. Proposing censure without any chance of winning censure only diverts attention from the abuse of power itself. Instead, the focus shifts to Senator Feingold's political ambitions, to comparisons with the politically motivated impeachment of President Clinton, and to polarizing debates over Constitutional rights versus national security, generating way more heat than light.
Make no mistake. This President is guilty of abuse of power. His approval of warrantless searches violates the Constitution's Fourth Amendment. Strict constructionists have to be contortionists to avoid that obvious conclusion. But the President is going to get away with it because this Congress places less value on upholding the Constitution than in maintaining party harmony and with it, political power. For Democrats to challenge the President on this issue and fail will only compound the damage to our Constitution. Rather, Democrats should focus on the vital international and domestic issues they can influence, and come back to set the Constitution straight another day.
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