Only hours into the 110th Congress, and Democrats have an assignment exactly suited to the role of divided government created by voters in November: Challenge President Bush's claim he can snoop in the mail with impunity.

The president has added his own unique interpretation to existing law and the intent of otherwise ordinary legislation about the U.S. Postal Service. The New York Daily News reported Thursday he claims the executive branch can read America's mail without a judge's warrant. Apparently, no one noticed what the White House was up to during a recess signing of the Postal Accountability and Enhancement Act. In the president's statement on H.R. 6407, he said the executive branch would "construe" a subsection of one of the bill's titles essentially as it saw fit in exigent circumstances. This involves another of those presidential notes that acknowledges a new law was signed, but its application was entirely up to the president.

President Bush used this same approach with warrantless eavesdropping on the telephone calls of U.S. citizens.

Democrats must step up to the job they were elected to do. Compliant, confrontation-averse Republicans were replaced because they failed the nation in exactly these moments.

Force the president to explain why existing, lawful procedures are inadequate. Streamlined provisions exist to deal with emergencies and suspected threats. No one trusts — and that is exactly the word — this White House or future Democratic chief executives or their bureaucracies not to abuse these presidentially proclaimed powers.

Follow the law. Do not invent and invoke new powers on a whim. Force the president to explain and defend this action. This is the work of a loyal opposition.

Copyright © 2006 The Seattle Times Company

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