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A failure to recognize real slippery slopes

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Re “ ... and so what if you are?” Opinion, Jan. 12

Jonah Goldberg pooh-poohs the “slippery slope” concerns of unfettered executive power.

Here’s the point that Goldberg and his ilk fail or refuse to see: When the president acts with Congress’ authority, his powers are at a maximum. When he acts contrary to Congress’ will, his powers are at their lowest ebb.

This jeopardizes “the equilibrium [of] our constitutional system,” as Justice Robert Jackson pointed out in the steel seizure case of 1952 (and affirmed by Supreme Court nominee Samuel A. Alito Jr. at his hearings).

Our government should wiretap suspected Al Qaeda terrorists, no question. But it should do so in a legal, constitutional and powerful way. When Congress and the president act in concert, we cannot be defeated. But when the president sneaks behind Congress’ back and secretly acts contrary to its authority, we defeat ourselves.

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RUSSELL S. KUSSMAN

Pacific Palisades

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Goldberg’s entire column is a breathtaking non sequitur. The problem is not that the Bush administration is spying on Americans. The problem is that it is doing so without following the proper legal procedures, which are there to provide checks and balances against potential abuses. The ends do not justify the means.

Breaking the law is not OK, even if the net result seems desirable at the time. Just because we haven’t actually slid down the slippery slope doesn’t mean it isn’t there.

RON GARRET

La Canada Flintridge

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