Jordan Paust has written the most cogent argument I have seen legally refuting the Bush administration's assertion that if a country is at war, the president can ignore domestic and international law outlawing torture, prohibiting illegal detention, providing due process and jurisdictional restraints on military commissions and limiting domestic spying under alleged commander in chief powers. You can find it here: War on the Constitution.
And the winds may be changing on the NSA warrantless surveillance issue. E.J. Dionne Jr. writes: "This week the Bush administration was finally forced out of its own pre-September 11 worldview - and, yes, you read that right. It happened because some brave Republicans stared the president down and said: 'Stop.'
[...]
It was a small crack in the wall, and Specter and his allies will have to remain vigilant. Still, until this week, the White House had flatly refused to offer such briefings."
Another excellent argument against "Inherent" Presidential Powers comes from John Dean. See: Vice President Cheney and The Fight Over "Inherent" Presidential Powers: His Attempt to Swing the Pendulum Back Began Long Before 9/11
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