You don't really believe that anyone is going to allow Miers to actually answer questions in the hearings, do you? The last nominee to do that was Judge Bork, how did that go for him?
If the ultimate arbitor of the Constitution is not the war, rather than a battle, please show me the larger strategic picture.
You raise an interesting argument. And while I can't pretend to be privy to all the details of what GWB's ultimate "war" objectives are, I do know this: In any undertaking, the quest for immediate gratification (no matter how "noble" one believes it to be) to the exclusion of all else, usually results in the outcome and the unintended consequences there-of being not particularily immediate and most certainly, not very gratifying in the long-term.
However, I will submit to you that after the hearings are concluded, we will all be able to make a much more informed decision.