That's My Boy

Both Congress and the President are subject to the Fourth Amendment, but in the battle over how the government may seek information these days, it's not really about constitutional law. Rather, it's about who has the power. (Everyone agrees the government has it--that's not at issue.)

That's why I found the Senate's questioning of Attorney General nominee Michael Mukasey so amusing. Over and over again, they tried to sound as if they were asking about principle, when, over and over, the question turned out to be about whether he'd promise to swear he'll serve Congress before he serves the White House.

Arlen Specter wanted to know if he'd promise to resign if President Bush didn't listen to his advice. Is that necessarily a good thing? (It might be interesting if other officials promised to act this way. Let's say I'm a Senator who believes in the First Amendment. Should I have resigned when McCain-Feingold passed? Feingold, by the way, asked Mukasey some of the most pointed questions about how important it is to protect our rights.)