I didn't watch a whole much of the Senate Judiciary Committee's hearings with Attorney General Alberto Gonzales on the NSA surveillance program, but I read several of the wire stories and I've watched a couple of the cable news reports in addition to the usual blogging suspects.

Having said that, I think there's a bit of a tendency in much of the media to play this issue, like most in Washington, as a partisan one. Following that template, when Republicans join Democrats to criticize and question the legality of the president's actions, then more weight and credibility is given to the charges.

But this issue can't accurately be fit into that template. Instead what is happening here is a conflict between the legislative and executive branches. It's a political struggle laid out in the very text of our Constitution. It should come as no surprise that Congress would like to constrain the powers of the presidency because by doing that they necessarily expand their own power.

Likewise, when this issue eventually comes before the Supreme Court, there will be another struggle as the Judiciary asserts its powers and likely attempts to expand them too.

As has been pointed out to me, there are intelligent people who believe the president has acted illegally (but likely none of them on the Judiciary committee). However, I have yet to see someone who advocates that position who has adequately explained why In Re: Sealed Case 2002 isn't controlling in this matter. In fact, the focus of those who claim the program is illegal is almost exclusively on the FISA act -- and they fail to address court precedents that address the president's constitutional powers during times of war.

I'd also note that the rhetoric on this issue -- especially by Democrats -- is deeply dishonest. If you honestly believe what the President is doing is illegal, but want the program to continue and want to work to make it legal, you don't start throwing around "impeachment" and regularly expressing your outrage at what's being done. Instead, you sit down and find out what needs to be done to make the program legal and you pass a bill.