Ronda Hauben recently pointed out that "unlike Hitler [re his Enabling Act], Bush didn't seek a constitutional amendment [to have the Military Comissions Act of 2006 passed]. Instead, he asked Congress to pass this fundamental change to the Constitution as a normal bill, and they complied." She clarifies: "In Germany, the Enabling Act required an amendment to the Constitution. In the U.S., the Military Commissions Act also requires a constitutional amendment, which requires that two-thirds of the Congress co2nsider and approve the amendment and then a vote by the legislatures of two-thirds of the states to approve the amendment. An alternative means for seeking an amendment is to have two-thirds of the states call a constitutional convention, approve the amendment, and then vote in favor of the change."
None of this has happened, so legal scholars have noted that Bush's Military Comissions Act is unconstitutional.
This week, apparently, the gibbering Chimp plans to sign this outrage. Other than the intervention of the divine Dime-Sized Hole, there is nothing that will prevent it. Ted Rall, in a post quoted extensively below, says it best: "We are done."