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Isn't it the fact of the matter that the Democrats' strategy is to run out the clock on the Bush presidency while being just oppositional enough to keep the base sullen instead of mutinous, avoid the terrifying political risks of mounting any genuine challenge to despotic powers asserted by a despised president, hope that Bush leaves office without blowing up the world first, and hope that he is replaced by a Democrat or at least by a less despotic Republican, such that the present constitutional crisis can fade away without anyone having to do anything that might significantly upset the status quo?
It is hard to reach any other conclusion.
I think the same exact thinking applies to Iraq. Most Democrats in Congress don't REALLY want to force the end of the war. They want to appear to oppose the war but have it linger on, so that when 2008 rolls around, the public is just as angry as the Republicans as they were in 2006 and punishes them by electing the "anti-war" Democrats.