In this issue

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review Jan. 5, 2006 / 5 Teves, 5766

FISA Fallacies: Bush's unconstitutional critics

By Rich Lowry

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http://www.JewishWorldReview.com | Is it written somewhere that the Constitution can be violated only by the president? One would think so, given the debate over the secret National Security Agency program to monitor, without court approval, calls between suspected al Qaeda operatives overseas and people in the United States. Opponents of the program say President Bush has trashed the Constitution, in particular the Fourth Amendment's prohibition against unreasonable searches.

The Constitution, however, doesn't exist solely to constrain the executive, as those braying about the NSA wiretaps seem to suggest. It confers powers on the executive as well as limiting them. If those powers are abridged by another branch of the government, the Constitution is being violated – and not, obviously, by the president.

Thus, only one player so far in the NSA controversy has been held by a court to have probably violated the constitution, and he's a judge. Judge James Robertson resigned from the Foreign Intelligence Surveillance Act court – the secret court that approves domestic wiretaps related to national security – to protest the NSA program, making him something of a cause celebre among Bush bashers. But he's an odd hero, given that his contribution to the debate over the executive's surveillance power was a flagrant error.

In a 2002 decision, Judge Robertson and others on the FISA court imposed restrictions on the Bush administration's conduct of foreign-intelligence investigations that weren't mandated by the language of the 1978 FISA statute, and that had been explicitly made unnecessary by the 2001 Patriot Act. The Bush administration appealed, and the FISA court of review issued a stinging rebuke to Robertson, et al.

The court of review, apparently a stickler for such things, said the FISA "court did not provide any constitutional basis for its action – we think there is none – and misconstrued the main statutory provision on which it relied." Besides that, it was world-class jurisprudence. By effectively trying to micromanage the Justice Department, the decision continued, "the FISA court may well have exceeded [its] constitutional bounds."

Would that the court could permanently monitor the debate over the NSA program. Democrats who argue that Bush has abused the Constitution are, like Judge Robertson, themselves Constitution-abusers. The president has the authority under Article II of the Constitution to defend the United States. If he can bomb the nation's enemies overseas without a court's approval, he certainly can listen to their conversations. (FISA, which requires a special warrant for foreign-intelligence surveillance in the U.S., doesn't apply abroad, making cross-border calls a murky area).

Every administration, liberal or conservative, has claimed this warrantless surveillance power, and no court has ever denied it. The FISA court of review explained, citing the 14th Circuit's 1980 decision in a case involving the surveillance of a Vietnamese spy named David Truong, "The Truong court, as did all the other courts to have decided the issue, held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information." The court added, "We take it for granted that the President does have that authority."

The court in the Truong case noted that the executive "not only has superior expertise in the area of foreign intelligence, it is also constitutionally designated as the pre-eminent authority in foreign affairs." And the Constitution's framers knew what they were about, according to the Truong court: "Attempts to counter foreign threats to the national security require the utmost stealth, speed and secrecy. A warrant requirement would add a procedural hurdle that would reduce the flexibility of executive foreign-intelligence initiatives."

That argument rings all the truer in the Age of al Qaeda, when a fast-moving, amorphous enemy operates both outside and within U.S. borders. Like it or not, the president has the constitutional authority to wage the war on terror. His detractors don't like it, so they pretend the authority doesn't exist, and trample on the Constitution in the process.

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© 2006 King Features Syndicate