When it comes to courts, Republicans love to talk about strict constructionism. President Bush selected Justices Roberts and Alito in part becuase of their constructionalist credentials. Justices Scalia and Thomas, those darlings of the right, are famous for their originalist screeds. But, what happens when the unstoppable force meets the immmovable object? What happens, say, when the President wants a policy that cannot be squared with strict constructionalism?

Vikram Amar and David Brownstein take a look at Bush's secret domestic spying program and why it fails the test of strict constructionalism.