NSA Program Ruled Illegal - Again!

Once again, a Bush-appointed judge has smacked down the utterly ridiculous legal theory that the inherent Article 2 Powers of the President gave President Bush the authority to violate federal criminal law.

WASHINGTON — A federal judge in California said Wednesday that the wiretapping law established by Congress was the “exclusive” means for the president to eavesdrop on Americans, and he rejected the government’s claim that the president’s constitutional authority as commander in chief trumped that law.

...

“Congress appears clearly to have intended to — and did — establish the exclusive means for foreign intelligence activities to be conducted,” the judge wrote. “Whatever power the executive may otherwise have had in this regard, FISA limits the power of the executive branch to conduct such activities and it limits the executive branch’s authority to assert the state secrets privilege in response to challenges to the legality of its foreign intelligence surveillance activities.”

There is no defense left for the Bush Administration. The AUMF didn't give them authority. The Article 2 Powers didn't give them the authority. Instead, they knowingly engaged in massive lawbreaking, arrogating unto themselves the power of the Legislature by breaking the law, and the power of the Judiciary by judging a target's validity themselves.

James Madison, easily one of the most conservative of the Founding Fathers, defined Tyranny thusly:

the combination of Executive, Legislative, and Judicial power in one man or
office.

In order to defend the Constitution and reaffirm the principles of limited government they say they hold dear, the Republicans must move forcefully to impeach George W. Bush. Hell, it might even save them some seats in Congress!