Leaving aside the fact that I reflexively distrust anything George W. Bush says, refusing to assume either his perspicacity or veracity, let’s stipulate that the President ought to have extraordinary powers to spy during wartime. But let’s also stipulate that Congress gets to say when we’re at war. This, of course, is what the Constitution says.

In other words, short of a declaration of war, the wartime powers Bush is claiming aren’t his.

Unless, of course, we want to completely ignore the Constitution and let the president unilaterally declare war. This is something I don’t want; I don’t know who does. [Maybe Sam Alito — comment added 9 Jan 06.]

I think it’s time we take pains to point out that when the President says we’re at war, that expression has no legal standing.

Kevin Drum at the Washington Monthly has put this better than I have.