If Congress doesn’t have the power to define the contours of the President’s Article II powers through legislation, then I have no idea why people are scrambling to draft legislation to authorize what they think the President is doing. If the President’s legal theory, which is shared by some of our witnesses today, is correct, then FISA is a dead letter, all of the supposed protections for civil liberties contained in the reauthorization of the Patriot Act that we just passed are a cruel hoax, and any future legislation we might pass regarding surveillance or national security is a waste of time and a charade. Under this theory, we no longer have a constitutional system consisting of three co-equal branches of government, we have a monarchy.
- Senator Russ Feingold (D-WI), at the Senate Judiciary Committee Hearing On the Call to Censure the President
