So, let's back up ... either we're not at war or the President during war time does not have the inherent authority to monitor enemy communications? I am trying to understand the complexities of this issue as there is so much more heat than light.
I was pointing at what should be an obvious difference. In WWII, Congress passed a law that provided for interception of communications and censorship of the press, and agreed with the President's EO that created an Office of Censorship, therefore Congress didn't question what the President was doing. I think that represents an obvious difference from the way Congress and the President are acting in regards to the NSA Terrorist Surveillance Program today, with hearings on the legality, competing statutes, calls for censure, and so forth.
That observation isn't very helpful for understanding the complexities of the issue. I agree, there is more heat than light -- but that's par for FR ;-)