Reserve Your Seat

Al Gore, who never seems to be more presidential than when he's not running for president, will deliver a major address on Monday arguing that theBush administration has created a "Constitutional crisis" by acting without the authorization of the Congress and the courts to spy on Americans and otherwise abuse basic liberties.

The former vice president will frame his remarks in Constitutional language, according to aides who spoke to The Nation, which says that the speech

[W]ill not be the sort of cautious, bureacratic speech for which Gore was frequently criticized during his years in the Senate and the White House.

Indeed, his aides and allies are framing it as a "call to arms" in defense of the Bill of Rights and the rule of law in a time of executive excess. . . .

Don't expect a direct call for impeachment from the former vice president. But do expect Gore to make reference to Richard Nixon, whose abuses of executive authority led to calls for his impeachment -- a fate the 37th president avoided by resigning in 1974.

Gore's speech will add fuel to the fire that was ignited when it was revealed that Bush had secretly authorized National Security Agency to monitor communications in the United States without warrants. Gore will argue that the domestic wiretapping policy is only the latest example of the administration exceeding its authority under the Constitution.

With a Congressional inquiry into Bush's repeated violations of the Foreign Intelligence Surveillance Act scheduled to begin in February -- and with Bush already preparing to pitch an Nixon-style defense that suggests it is appropriate for the executive branch to violate the law when national security matters are involved -- Gore will articulate the more traditional view that reasonable checks and balances are required even in a time of war. And he will do so in a bipartisan context that will make it tougher for Republican critics to dismiss the former vice president's assertion that the Constitution is still the law of the land.