When the Southern states seceded in 1861, President Lincoln took radical -- and almost certainly unconstitutional -- steps to preserve the Union. He raised an army without legislative authority, blockaded Southern ports, arrested a Baltimore militia commander without charges in an effort to intimidate Maryland against seceding and, when the Supreme Court tried to block him, suspended habeas corpus.
But soon after taking these emergency steps, Lincoln went to Congress to seek explicit legislative authority for what he had done. "These measures, whether strictly legal or not, were ventured upon under what appeared to be a popular demand and a public necessity," Lincoln wrote in his July 4, 1861, message to Congress seeking retroactive legal authority. Lincoln told Congress he had done what he thought was his duty in using his war powers. "You will now, according to your own judgment, perform yours."
Lincoln did precisely what Bush has so far refused to do.
I seem to recall Thomas Jefferson also advocated that presidents go to Congress immediately after they take constitutionally questionable steps, so that Congress can decide upon a further course of action.
GWB's failure to do so raises additional questions as to his motivations for the FISA end-run. |
