February 07, 2006

Reality Is Unconstitutional

The Confidence Man has been closely following the FISA-bility flap regarding the illegality of Bush's domestic wiretaps.

We were intrigued this morning to read Josh Marshall pointing to a potential Constitutional defense of Bush's actions: to wit, that if in fact wiretapping/surveillance powers are vested in the Presidency, then FISA itself may be Unconstitutional per se -- Congress illegitimately constraining the power of the President.

An interesting theory.

But it doesn't go far enough.

The Confidence Man would submit that REALITY ITSELF is inherently Unconstitutional. The President -- this President, in particular -- should be able to flap his wings and FLY should he so desire. Gravity and wind resistance -- and the entire theoretical apparatus that underlies these heretical obloquys -- represent not merely a sop to Our Enemies, but an encroachment onto the powers that rightfully devolve onto the highest office in This Land.

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