FISA Reform: The Bad Bill that Beats No Bill

"Every federal appellate court to rule on the issue — including the highest, most specialized court created by Congress strictly to rule on surveillance matters, the Foreign Intelligence Court of Review — has concluded that the president has inherent constitutional authority to order surveillance on foreign threats to national security. In a perfect world, President Bush would be able to tell recalcitrant Democrats in the House, “Don’t want to pass the Senate bill? Fine. I’ll order surveillance to continue under my Article II power.”"