In an op-ed published by the Wall Street Journal, Roger Pilon details Congress' recent efforts to micromanage the President through FISA legislation.  Pilon argues that not only should the President do everything in his power to protect America from foreign terrorists, but as the principal agent in foreign affairs, the President is constitutionally bound to do so. 

Privacy concerns are not trivial. The Constitution protects against "unreasonable" searches. But even with law enforcement, where the main function is ex post prosecution, not ex ante protection, there are numerous exceptions to the Fourth Amendment's warrant requirement. Yet Congress insists still on micromanaging the president -- and he, by failing to assert his authority early on, is now reduced to bargaining with Congress over minutia that will soon be as obsolete and dangerous as the underlying act is today.

John Locke, no sometime civil libertarian, put it well when he observed that the foreign affairs power "is much less capable to be directed by antecedent, standing, positive Laws, than [by] the Executive." The Federalist's authors, James Madison, Alexander Hamilton and John Jay, all agreed. The remedy for executive incompetence or recklessness in foreign affairs is political -- not legislative, much less legal. Congress, to say nothing of the courts, can no more manage such affairs than it can the economy. What better evidence than these surveillance fits and starts?

Our President should not be hamstrung by the meddling of Congress when it comes to the national security of the American people.

The Journal also ran an editorial discussing the President's efforts to work with Congressional Republicans to limit earmarks in next year's federal budget.  In tonight's State of the Union address, the President is expected to announce that he will veto any 2009 spending bill which doesn't cut earmarks in half from their 2008 levels, and will instruct federal agencies to ignore any earmarks not specifically stated in statutory language.

House Republicans at least made some progress at their annual retreat late last week, offering a one-year moratorium on earmarks if Democrats go along. That probably won't happen, however. So the GOP leadership could help itself with voters by endorsing Arizona Representative and earmark scourge Jeff Flake's request to join the Appropriations Committee, where he could serve as a taxpayer watchdog. Imagine how he could torment such all-world earmarkers as Pennsylvania Democrat Jack Murtha?

Freedom's Watch welcomes these attempts to reign in lawmaker's pet projects and reduce the federal budget deficit.

Treasury Secretary Henry Paulson warned lawmakers on Sunday that if they didn't pass the economic stimulus package quickly, they would risk drawing the ire of an angry American public.  Last week the White House and House leadership reached a carefully crafted agreement on a stimulus package that, if all goes according to plan, could have tax rebates mailed to American's by mid-May.  There are signs of trouble in the Senate, however, with some Senators wanting to attach billions more in pet-projects that are unrelated to economic stimulus.

The president and House leaders have agreed on a proposal to provide tax rebate checks to 117 million families and give businesses $50 billion in incentives to invest in new plants and equipment. The goal is to help head off a recession and boost consumer confidence.

"I don't think the Senate is going to want to derail that deal," Treasury Secretary Henry Paulson said. "And I don't think the American people are going to have much patience for anything that would slow down the process."

But many senators say they are entitled to their ideas and that they never agreed to be deferential to the House and the White House on the final terms. Senate Majority Leader Harry Reid, D-Nev., agreed that the negotiations should move through the House first, but he and other senators still want to have input.

The Senate is considering adding such elements as extending unemployment benefits for workers whose benefits have run out, boosting home heating subsidies, raising food stamp benefits and approving money for public works projects.

When asked if such ideas would be deal-breakers, Paulson said he did not "want to cast a shadow on this rare bipartisan moment."

Despite these warnings, Roll Call is reporting that Harry Reid and Mac Baucus are preparing to draft a bill of their own - one created outside the negotiations between the White House and the House of Representatives.

The House-brokered agreement would provide tax rebates along with some targeted small-business tax incentives — and tinkering with that compromise has some Democrats nervous.
 
“Unless this is handled with a lot of skill and a lot of delicacy, this has the potential to sink the whole economic stimulus package,” said the Democratic aide familiar with the process.
 
Even Reid appeared to question whether the Senate would change much — despite well-known efforts by his fellow Democrats to add billions more in spending.
 
“It’s going to come to the Senate, and we’re going to take a look at whether and how we should change it,” he said following a speech at the National Press Club on Friday.
 
Plus, Speaker Nancy Pelosi (D-Calif.) has strongly hinted that Democrats should pass another bill later on that would add extensions of unemployment insurance and an expansion of food stamp benefits — two Baucus priorities. Asked Friday why she acceded to GOP demands to jettison food stamp benefits from the final stimulus package, Pelosi pointed to upcoming debate on a farm bill that would increase spending on that program. Barring that bill becoming law, she suggested separate legislation just dealing with food stamps, but she did not mention the Senate’s expected attempts to add it to the stimulus measure.
 
“Do we want them to pass our bill and get it to the president quickly? Yes,” said the House Democratic leadership aide. “But that doesn’t preclude us from doing some of these other things later.”

 Senate leaders should follow in the House's footsteps by passing a bipartisan economic stimulus package without excessive spending on unrelated programs.