12/22/2005
Meanwhile In Opposite Land
Hindrocket:
There are, of course, liberal law professors who would like the law to be different from what it is. They are free to develop theories according to which the Supreme Court, should it someday address this issue directly, would rule as they wish. But the administration is entitled to rely on the law as it currently exists. And there is simply no question about the fact that under the Constitution and all controlling precedents, the NSA intercept program is legal.One may ask how Hinderacker could possibly have got to this conclusion. Long story short, you don't want to know. Basically, it includes a Constitutional view that sez that the Executive branch isn't bound by laws made by the Legislative branch. 'Cause they're like, co-equal and stuff.
Yes, Powerwhig's a lawyer, but not a Constitutional lawyer- he makes that abundantly clear from his scribblings. More importantly, he puts his role as a right-wing activist above resepect for the practise of law. That's how he gets to a conclusion like this.
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