Andromeda

As a public service, Andromeda presents its analysis of one of the core issues surrounding the Terrorism Surveillance Program.

ISSUE PRESENTED: Does the Constitution apply during a time of "war"?

SUMMARY RESPONSE: No. But what do you mean by asking the question in the first place? And why did you put quotes around "war"? Oops, I did it myself!

ANALYSIS: During a time of war, the government must issue regular reminders and increasingly dire warnings about how dangerous things are. For unknown reasons, this is generally followed by a sense of fear and uncertainty among the population. Once the population is thoroughly worked up, it is crucial that the President claim as much power as possible, with as few restrictions as possible. Anyone questioning those claims is giving comfort to the enemy, so don't question it.

At this point, the Congress must decide if it's going to become irrelevant, or else issue a broad unlimited authorization to the President. The President will then announce that it is far broader than the extremely broad authorization that it is, and then he will secretly do many things under his interpretation of the authorization.

Because the President's actions are secret, they will not be tested. If they are revealed, anyone challenging them will be declared an enemy non-combatant and detained secretly and indefinitely without charges or a lawyer. The politicians will approve the President's actions after the fact, rather than be blamed by the President for possibly not protecting the public he frightened from possible dangers. Litigants will be intimidated, and judges will be cowed. And so the Constitution will not be applied. That is, the Constitution won't apply.