Terry Jeffrey

When Al Gore ran for president in 2000, he said, "Our Constitution is a living and breathing document" that changes its meaning over time. This week, we learned that among the things changing in Gore's Constitution is the war power. It meant one thing when Bill Clinton was president, but means another thing now.

Seven years ago, then-Vice President Gore supported Clinton in launching a war Congress didn't authorize. Now, he says the Constitution denies President Bush the power merely to intercept an enemy's communications in and out of the United States -- without permission from a federal judge -- in the midst of a war Congress did authorize.

The program in question has been described by Gen. Michael Hayden, principal deputy director for national intelligence, as yielding information about terrorists that could not have been gleaned through court-ordered wiretaps, while intercepting only international communications involving persons linked to Al-Qaida.

Yet on Monday, Gore described the program as "eavesdropping on huge numbers of American citizens" and claimed it "virtually compels the conclusion that the president of the United States has been breaking the law, repeatedly and insistently."

While the liberal ACLU and Center for Constitutional Rights are bringing lawsuits against the program, Gore is calling for a special counsel to investigate Bush.

Now flash back to 1999 -- the year when only a failed Senate impeachment prosecution stood between Gore and the presidency.

On March 23, 1999, President Clinton ordered U.S. forces to begin bombing Yugoslavia because of its treatment of people in Kosovo. Clinton bombed for three months. The day the war started, then-White House Spokesman Joe Lockhart was asked whether Clinton believed congressional support was "constitutionally necessary." Lockhart said, "Well, I don't think he believes it's constitutionally necessary because we don't believe that."

Congress, in fact, declined to authorize it. The Senate voted 58 to 41 for a resolution "authorizing the president of the United States to conduct military air operations and missile strikes against the Federal Republic of Yugoslavia." But the House defeated the resolution, 213 to 213.

Gore aggressively backed Clinton's unauthorized war, suggesting its critics were guilty of "politics." "I think the American people want to see politics removed from any kind of action where our military forces are involved overseas," he said on the April 2, 1999, edition of CNN's "Larry King Live."

Was the Clinton-Gore Kosovo War constitutional? No.


Terry Jeffrey

Terence P. Jeffrey is the editor-in-chief of CNSNews

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