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tates and of the several States, shall be bound by Oath or Affirmation, to support this Constitution.”[30]Both the president’s and congress’s obligations often come into direct confrontation. This, however, is exactly how the founders intended the United States to work; as a series of checks and balances, to prevent the centralization of power. Both branches of government are required by law to defend and uphold the constitution, which means each has the obligation to check the power of the other. The courts also have an important role to play. Justice Sandra Day O’Connor argues that 'We have long since made clear that a state of war is not a blank check for the president when it comes to the rights of the Nation's citizens. . . . Whatever power the United States Constitution envisions for the Executive in its exchanges with . . . enemy organizations in times of conflict, it most assuredly envisions a role for all three branches when individual liberties are at stake.'[31]It is clear that all branches must faithfully uphold their obligation to protect and defend the Constitution of the United States.

The Bush Administration has used every possible loophole in the law, and constitution to continue its use of unreviewable war powers. In 2006 The Boston Globe reported that President Bush “has used signing statements to claim the authority to disobey more than 750 statutes—more laws than all previouspresidents combined.”[32] Some form of further accountability is necessary and appropriate.The unfortunate reality, however is that many of the steps that the president had taken were technically legal. The president has followed theNational Security Act of 1947, as he has technically provided information regarding covert operations, even though this information was limited to the ‘Gang of Eight’. Congress foolishly gave the president the authority to carry out many of his programs under AUMF. Of course, if congress wants more authority, it must challenge the president’s authority. Congress cannot be expected to make informed decisions if they are not in possession of key evidence that could influence their final decision. They must fight and continue to struggle for the access and possession of the key evidence. Benjamin Franklin once argued“those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.”[33] Franklin’s words are as important today, as they were when they were written.

We cannot overlook that in between the events following 9/11 and the courts decisions, hundreds of people’s lives have been affected by the actions of the Bush Administration. This is not a Democratic issue, or a Republican issue; this is an issue of executive power whoever may hold the presidency. The need for a commission to investigate unreviewable war powers that occurred under George W. Bush, is as important to understand as what had happened in the past, as it is a means to prevent future intrusion of presidential authority into congressional authority.