Its constitutional authority for making war-related decisions is certainly more precarious than the president’s explicit authority as commander-in-chief. Why would we assume that these federal judges are anymore respectful of the limits of their power when serving as FISA judges ruling on foreign intercepts than they are when ruling on, say, most any other issues? If Congress is going to hold hearings on FISA and NSA intercepts, let’s hope their inquiry includes a review of the conduct of the judges as well — who also operate in secret.