When did the Constitution start saying that the president got to declare war? Where does the commerce clause give all three branches of the federal government the power to regulate interstate commerce, let alone intrastate commerce? Why did federal judges read specific legal prohibitions on busing as empowering them to command busing? Such questions are tackled in Thomas Woods and Kevin R.C. Gutzman's Who Killed the Constitution? The Fate of American Liberty from World War I to George W. Bush, which I review today at the American Spectator.

Disagree with you on signing statements. What is the veto power for if the President has the authority to pick and choose what parts of legislation are constitutional? If something is unconstitutional in whole or in part it must be vetoed. Using signing statements as a quasi line item veto is ridiculous.

I understand your argument, and it is possible that I am wrong. Presidents have been issuing signing statements for a long time. I find it curious that the first time the Left realizes this is when the president is someone they dislike (Clinton issued more than GWB). Leaving innocuous signing statements aside--ones that are merely explanatory--I do think it the task of all three branches of government, and not just the courts, to abide by the Constitution. The president should not execute unlawful, i.e., unconstitutional, legislation. On the other hand, the way to best do this is to not sign laws that contain unconstitutional provisions. I wonder about the complexity of modern legislation, though, and about how many bills passed are completely devoid of unconstitutional provisions. There is also the question of interpretation of a given statute, and if a president issues a signing statement noting that he will interpret that given statute in a manner consistent with the Constitution, but perhaps inconsistent with competing interpretations, I think that can be helpful.

I would be very surprised if any wholly constitutional laws are passed anymore. In fact, I would really like to read of one.