Addendum, Ibid:

Bush's alarmingly aberrant take on the Constitution is ironic. One need go back in the record less than a decade to find prominent Republicans railing against far more minor presidential legal infractions as precursors to all-out totalitarianism. "I will have no part in the creation of a constitutional double-standard to benefit the president," Sen. Bill Frist declared of Bill Clinton's efforts to conceal an illicit sexual liaison. "No man is above the law, and no man is below the law - that's the principle that we all hold very dear in this country," Rep. Tom DeLay asserted. "The rule of law protects you and it protects me from the midnight fire on our roof or the 3 a.m. knock on our door," warned Rep. Henry Hyde, one of Clinton's chief accusers. In the face of Bush's more definitive dismissal of federal law, the silence from these quarters is deafening.

   The president's defenders stoutly contend that war-time conditions fully justify Bush's actions. And as Lincoln showed during the Civil War, there may be times of military emergency where the executive believes it imperative to take immediate, highly irregular, even unconstitutional steps. "I felt that measures, otherwise unconstitutional, might become lawful," Lincoln wrote in 1864, "by becoming indispensable to the preservation of the Constitution, through the preservation of the nation."

Bush seems to think that, since 9/11, he has been placed, by the grace of God, in the same kind of situation Lincoln faced. But Lincoln, under pressure of daily combat on American soil against fellow Americans, did not operate in secret, as Bush has. He did not claim, as Bush has, that his emergency actions were wholly regular and constitutional as well as necessary; Lincoln sought and received Congressional authorization for his suspension of habeas corpus in 1863.

Nor did Lincoln act under the amorphous cover of a "war on terror" - a war against a tactic, not a specific nation or political entity, which could last as long as any president deems the tactic a threat to national security. Lincoln's exceptional measures were intended to survive only as long as the Confederacy was in rebellion. Bush's could be extended indefinitely, as the president sees fit, permanently endangering rights and liberties guaranteed by the Constitution to the citizenry.

A