[mburbank]

And W. is positing that neither the courst nor congress have the authority to over rule his interpretations.

It's a difference of a whole level of magnitude.

At least so far (and since neither congress or the courts seem to know where they left their spine and/or sack it's hard to see how it will play out) the difference between 'Lets see how far I can push this" and "I am the state."

There NEEDS to be a challenge to this, because barring one, the country has no way of knowing what it is. W is acting as if we all know we have changed into some knew type of state and he doesn't need to waste any time declaring or defending it. The longer we as a nation let it lie as a Fait acomplie (or however you spell that) the better a chance it has of becoming reality.