The Contitutional authority for the Feds to do this must be hidden in the eminations coming from one of those pesky penumbras that I always have so much trouble recognizing.
It's stuff like this that makes me question my sanity. Are we living in a farce? There is no way the Constitution can be honestly interpreted to give the federal government this power.
Yet hardly a question is raised or an eyelash batted... not by the press, not by the public, not by anyone. A few disgruntled folks on a thread at FR, and that's about it.
So what can you say? Welcome to post-constitutional America, I guess.
At least president Bush keeps his pants on; for that I am thankful.