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While I, of course agree, all of this obsession with the Constitution and what it does and does not permit, might well have been pointed out to George W. Bush, you know, sometime during the past 8 years.
I find it funny it's now, suddenly, being resurrected to protect Bush's valued status. If President Bush cared about it, he should have spent time PROTECTING IT as he swore to do. (The President takes an oath to preserve, protect and defend the CONSTITUTION not the safety of its citizens. Something Bush pretty much forgot 2 minutes after he took office.)
Anyway I'm sorry but I find this pro-Bush protection whining in the name of the Constitution just a little too much to take. No one's stopping Georgie from stepping up and taking control. He IS after all still president. It's his choice to play Nero and fiddle while the whole economic structure burns.
As such, Obama has no choice BUT to do what he can to save what's left before it's all gone. January 20th may well be too late.