Ok, the more I watch of these hearings the more worried I become...
The bush administration and Gonzalez believe in something called the Yoo docterine...which " contends that the president has unilateral authority to initiate wars without congressional approval, and to interpret, terminate, and violate international treaties at will. Indeed, ratified treaties, Yoo believes, cannot be enforced by courts unless Congress enacts additional legislation to implement them. According to this view, Congress's foreign affairs authority is largely limited to enacting domestic legislation and appropriating money. In other words, when it comes to foreign affairs, the president exercises unilateral authority largely unchecked by law—constitutional or international."
Gonzales is on one level saying that Congress authorizing use of force (implying all tools of war) against terrorism gave the president a power which overrules law... Beyond that his belief is that the president has such powers even independant of that declaration and the Patriot act.
(sigh)
http://www.nybooks.com/articles/18431
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