http://www.boston.com/news/nation/articles/2008/01/25/bush_plan_for_iraq_would_be_a_first/
“President Bush’s plan to forge a long-term agreement with the Iraqi government that could commit the US military to defending Iraq’s security would be the first time such a sweeping mutual defense compact has been enacted without congressional approval, according to legal specialists.
…
At a House hearing on the pact on Wednesday, Representative Dana Rohrabacher, Republican of California and a former Reagan administration official, accused the Bush administration of “arrogance” for not consulting with Congress about the pact. If it includes any guarantees to Iraq, he said, Congress must sign off.
“We are here to fulfill the constitutional role established by the founding fathers,” Rohrabacher said, adding, “It is not all in the hands of the president and his appointees. We play a major role.”
…
“A commitment that the United States will act to assist Iraq, potentially through the use of our armed forces in the event of an attack on Iraq, could effectively commit the nation to engage in hostilities,” Biden wrote. “Such a commitment cannot be made by the executive branch alone under our Constitution.””
It’s just one thing after another with these guys. It’s not enough to do all the damage they can in the 8 years they hold office. They’re gonna try to force their insane policies on the next (likely Democratic) administration as well.
Ultimately it will go to the courts, and how it ultimately winds up will depend on whether Justice Kennedy sides with the Roberts/Alito/Scalia/Thomas unitary executive theorists or with the Souter/Ginsburg/Stevens/Breyer separation of powers adherents.
Hopefully by the time that the Supreme Court hears this case, Clinton or Obama will be in office and the current unitary executive proponents will be having second thoughts about advancing that power to a Democratic administration.