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We do have the checks and balances, but then we get in the heat of the moment like we did in 2002. Then the sorry ilk of a Bush/Cheney/Rove can exploit our patriotism, fear, ignorance, and anger to stampede us past all of the checks and balances. People in Congress and the media were afraid to ask for formalities like real evidence, real planning, real due diligence. "Wolf" had been cried.
I don't know if an Act can be written that would help enforce a rational, responsible process for going to war. But legislating such an Act would send a powerful message to the people that we all know what Bush did, and we don't want it to happen again. The Act would be both a repudiation of Bush and a brace for our checks and balances in the future. Again, what would the Republicans do with such an Act? Vote against it? How would Bush handle an Act that basically spells out what he did and makes it illegal (or resolved against) for the future.
Bush, Cheney, Rove exploited a vulnerability in our political system to our great loss. We should patch it -- in addition to continuing the investigation into how it was done.
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