[Wally_Kalbacken]

Neither Feingold nor any other prominent Democrat is incapable of understanding:

1. Article II of the Constitution.
2. The facts and basic logistics of modern communication.
3. The proven use of telephony by the 9/11 terrorists to make calls from the US to foreign countries and to receive calls from foreign countries while in the US before the attacks.
4. The fact that Senators are not in a position to pass on the legality of Presidential actions. If they wish to challenge the propriety of executive action they need to walk to the nearest U.S. Courthouse and file suit;

and yet they still act this way.

[middie]

Of course, neither is the actor engaged in specific conduct the last word on the leagilty, vel non, of the conduct he's engaged in. That is the clearest example of the consummate importance of the law established by Marbury vs. Madison that it is the judiciary, and only the judiciary, that announces what the law is that controls any given situation.