History teaches that grave threats to liberty often come in times of urgency, when constitutional rights seem too extravagant to endure."

— the late Justice Thurgood Marshall, 1989

Are we to understand that the legislative solution to the constitutional crisis precipitated by Bush II is to sue the administration?

Senators proposed reviewing signing statements that President Bush attaches to legislation signed into law. Congress could have the right to sue.

Remember Sen. John McCain's anti-torture amendment introduced to have the Army Field Manual upheld and prevent "cruel, inhumane or degrading treatment or punishment" of anyone in U.S. custody?

Bush signed it, then dissented in a signing statement. This is like crossing one's fingers, claiming to be truthful. Those little white lies add up.

Bush's sole veto was for stem cells. However, he has issued more than 750 signing statements affecting labor, immigration, civil rights, the armed forces, environment and whistleblower protections. (Watch the Voting Rights Act extension!)

Some in Congress think his excessive signing statements are a deliberate attempt by the executive to negate the legislature. That's unconstitutional.

Finally, the nonpartisan American Bar Association is analyzing the legality of this contradictory practice. Congress follows the ABA's lead.

If these signing statements are to be considered a breach of contract with Congress, then that leads to the courts and litigation.

If Congress proceeds with the breached-contract approach, however, it needn't tally individual bills when the worst breach involves the Constitution which the president swore to uphold.

Constitutional remedies to an errant executive are censure and impeachment. But our spayed and neutered Congress has more bark than bite.

That said, senators proposed legislation to "authorize the Congress to undertake judicial review of those signing statements with the view to having the president's acts declared unconstitutional."

Senators are building a case for the executive's obvious contempt for the legislature.

Indeed, the White House wants Congress to adopt the Roman dictum Inter arma silent leges ("In time of war, the laws are silent."). That is a dangerous proposition that Congress must reject but to which Attorney General Alberto Gonzales is dedicated.

• Last week, Justice Department and intelligence officials asked Congress to approve new laws allowing the government to continue the warrantless domestic spying. Lawmakers earlier objected to Bush deliberately circumventing the post-Nixon FISA court. Not long ago, Gonzales testified — though not under oath — that Congress gave its implied consent and that Bush acted within the Constitution as commander in chief. This argument is legally flawed.

• The White House wants Congress to strike down a 1978 law governing surveillance. Again the apparatchiks seek approval after they've done something wrong. Congress mustn't become complicit in Bush II's fear-mongering and extrajudicial antics.

• Despite a recent Supreme Court rebuke, the Bushvolk since produced a plan to prosecute detainees through military tribunals similar to those deemed unlawful by the high court. They've circumvented FISA, and now they want to bypass the high court. Not until State, Justice and Defense department officials colluded were military lawyers consulted last week. Military lawyers objected rightly to being left out of the loop.

• Gonzales approached Congress last week to nullify the War Crimes Act approved about decade ago which upheld the Geneva Conventions and criminalizes torture. The Bushvolk asked Congress for a shield to further violate human rights and tarnish the military.

There is but one shield, and we, the people, have it: the Constitution.