Festivus Reading: A sanguine analysis of the topic of impeachment, by Michelle Goldberg of Salon, and a brief rundown by Josh Marshall of an op-ed piece by former Bush advisor John Yoo, now a Boalt Law Professor.

The prevalent view among his apologists seems to be that President Bush must have absolute power during "wartime", and that any Congressional or judicial oversight is unnecessary. Regardless of the merits of the claim that permitting the executive branch to review any telephone call, e-mail, or personal communication without a search warrant is an effective way to stop a terrorist attack, the notion that fighting a war necessitates giving a single man absolute power is, quite frankly, a noxious one. It is not only un-American to expect that the Constitution be suspended every time a President decides to start a war, it is counterproductive to the goal of actually winning that war, once our troops are so committed, when the Commander-in-Chief who has been vested with those powers is so completely incompetent.

Moreover, Yoo's argument, that the Constitutional mandate limiting the power to declare war to Congress alone has no substantive meaning, and can therefore be ignored by Presidents, is one of the most frightening claims ever made by a sitting law professor. A declaration of war isn't some legalistic archaism left over from eighteenth century political theory; it's a principal that requires that any war we fight be subject to the approval of the people, by way of the one branch of government that is directly chosen by the people. It's not a condition for committing troops, but you better damn well have a declaration in hand if you want to act as a "war President".

In the military actions taken since 9/11, there was no exigent circumstance requiring the President to bypass Congress, no immediate necessity that forced us to take up arms against Iraq, or even the Taliban. Ignoring the Constitution was Bush's way of saying "screw you" to coequal branches of our government, making them as relevant in the checks and balances within our government as the British monarch is in that country. If the Republican Congress does not wish to put the brakes on Bush's folly, then the Democrats must press the issue of impeachment, or we'll losing something more important than our lives.