Tom Campbell argues that Congress can curb Bush's spying by `undeclaring' war:
Congress could amend the Sept. 11 resolution, explicitly stating that our country is not at war for constitutional purposes. In this one stroke, Congress could take away the president's argument that he is a wartime president.Fact is, of course, that Bush does not have any such power to authorize illegal wire-tapping. But at least this process would strip him of his pathetically thin argument for such powers.
The Constitution gives the power to declare war only to Congress. Congress should also be able to undeclare it.
This point appears to be missed by the president's critics in Congress. Congress, not the president, holds the key to whether George W. Bush is a wartime president. Congress should stop complaining and start acting.
This would not leave our country without measures to protect our security. Once the claim of inherent powers in war is taken away, Congress could resolve whether the FISA should be the only route for the kind of search the president wants to do.