
Of course, Michael Froomkin is right in everything he says about presidential emergency powers. But an unconstitutional abuse of power is surely not acceptable merely because it has become a routine method for accomplishing everyday legislative tasks. First, it allows significant possibility for future abuse; and second, if the Constitution is routinely circumvented, this diminishes its general power (as any law loses its power when it is routinely flouted). The situation is all the more troubling because it receives so little publicity, outside of militant "extremist" groups (i.e. those that are crazy enough to believe that presidential power should be limited in accordance with the law of the land). When a president can take almost action under the excuse that it's a "national emergency" (when in fact there is no emergency), and he doesn't have to answer questions till later, and most citizens are unaware of this, we have a potentially dangerous situation. They key word here is "potentially." Michael Froomkin seems relatively sanguine because the potential for great harm has not been realized. I am not so easily reassured. --Charles Platt