You repeated the same idea, again with regard to spying: "Congress cannot in fact pass laws that alter the balance of powers erected in the Constitution."
Maybe you guys aren't coming up with these assertions based on John Yoo's theories, if so I apologize for lumping you together, but it sounds like the same ideas to me: that congress can't restrain the president at this point because we're at war. If it's another legal theory let me know.
> Just stop digging.
What is it about my comments that is so beyond the pale to you?
If Congress passed (over a veto) a law tomorrow requiring the President to fire his Secretary of State, that law would be unconstitutional. The President wouldn't need to wait for the Supreme Court to overturn it, he could simply refuse to obey it, and he would be right. That has nothing to do with John Yoo or whether or not we're at war.
(A similar issue actually came up during Reconstruction: The Tenure of Office Act was unconstitutional, and Johnson was right to violate it, though it got him impeached.)
I say he needs all permission in the world if congress tells him he can't do it. You seem to know of some constitutional spying power that would allow him to ignore congress. Please inform me what this constitutional clause is.
Again: what do you think happens if Congress passes a bill requiring the President to fire his Secretary of State?
Yes, congress cannot impinge on the President's constitutional powers, can't force him to fire his Secretary of State. But spying is not a constitutional power, unless you accept the AUMF war-time Commander in Chief argument. Which is what set off my John Yoo detector.