I'm really at a loss, I don't understand why we keep talking past each other. I'm willing to accept that I'm misunderstanding something here but I don't see it.
Yes, congress cannot impinge on the President's constitutional powers, can't force him to fire his Secretary of State. But spying is not a constitutional power, unless you accept the AUMF war-time Commander in Chief argument. Which is what set off my John Yoo detector.
Huh? Where in the Constitution is Congress given authority over "spying"? At all times, not just when authorized to use military force, the executive branch controls the military and governs foreign affairs. Your comment makes no sense.
Yes, congress cannot impinge on the President's constitutional powers, can't force him to fire his Secretary of State. But spying is not a constitutional power, unless you accept the AUMF war-time Commander in Chief argument. Which is what set off my John Yoo detector.