Watching the President's press conference. He just invoked Article II of the Constitution to explain his authority to spy domestically without warrants. That argument struck me as not really making much sense, so I grabbed my handy copy of the Constitution that I carry with me everywhere to see if I could find the part of the Constitution to which the President referred.

Article II is about the executive branch. Section 1 is all about the Electoral College. Nothing substantial in there about the responsibilities of the President, just how he or she is elected. Section 1 does include the President's oath of office:

I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.

The President swore an oath (with one hand on the bible, no less!) to preserve, protect and defend the Constitution. You know what the Constitution also says? You can't perform searches or seizures without probable cause and due process. Even if Congress did "give" the President authority to conduct domestic spying in the authorization for the Afghanistan war (as AG Gonzalez mind-bogglingly tried to claim to Katie Couric this morning), it would still be un-Constitutional. That's how the system works - the Constitution trumps all other laws of the land. That's why it's so difficult to amend.

But back to Article II. Section 2 is about the President's role. Surely there is something in this section that talks about domestic spying or executive authority, right? Commander in Chief. OK. Power to grant pardons and reprieves, except in impeachments. Great. With advice and consent of the Senate, make appointments and enter into treaties. Sounds reasonable. Recess appointments. Hasn't served us well lately, but I can see the foresight.

Section 3. State of the Union. Calling either house of Congress into session or adjourn either. Receive ambassadors and ministers. Also this:

...he shall take Care that the Laws be faithfully executed...

Hasn't been doing such a great job with that so far...

Section 4. Impeachment. Treason, bribery or other high crimes and misdemeanors.

And incidentally, here's what the fourth amendment says:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Back to the presser, I just listened to the President of the United States lie about pre-war intelligence and who saw what when. It has been well-established that Congressional leaders did not receive the same intelligence estimates, the ones expressing doubts about WMD, that the administration received. I'm done with this. Time to go to work.