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All this speculation and arguing about the constitution is good fun, and will keep the responses coming. And it makes the headlines. But W and the machinery behind him are still focused on their goals. What can still be done quietly doesn't quite hit the headlines - maybe an article in the middle of the NYT or on NPR at some odd hour.
e.g.: Quietly changing the rules on emissions from coal-fired plants. Embedding GOP faithful into the permanent civil service structure where they can't be dismissed (easily).
I'm sure there is more quiet work going on - some nice contracts to Halliburton? anti-piracy work for Blackwater? The pardons list?.
And of course the obvious transfer of a bunch of taxpayer money (My money! - and yours) to Poulson's friends. All that money gone, no change in outlook, and no relief for any homeowner. Oh yes, W and friends are definitely still in charge.