So, lawyers in the Bush Justice Department who adamantly disagree with your position that this program is within the scope of the President's Article II powers are just partisan hacks who are out to undermine the President? I think it's rather remarkable to suggest that some very smart people, who have devoted their professional lives to studying the Cons ution, are somehow clueless in its application in this cir stance. Frankly -- and I don't mean this to be offensive -- I'll trust their arguments (on both sides of the debate) before I'll stand on my own or trust yours, Yoni. I certainly respect your opinion and understand your viewpoint, but I don't think there's anything other than partisanship that guides your assessment of the debate's merits.
And ultimately, my point isn't that the President's detractors are right -- though I tend to agree with the general proposition that warrantless surveillance is anathema to the 4th Amendment, and that the 4th Amendment should trump any non-expressed Article II powers -- it's that there is significant disagreement among intelligent people who are expert in Cons utional law. There's significant disagreement within the Administration (not exactly an anti-Bush crowd) and the President's party. The existence of that significant disagreement, even among the President's supporters, would seem to suggest that the question is far-from-settled in any legal sense and that its ultimate resolution is less-than-certain.