If members of Congress choose -- for the first time in our nation's history -- to codify a system of indefinite detention without charge and authorize such confinement on the basis of suspicion alone, they will do so with their eyes wide open.
Imagine a very different Constitution -- one where Congress could kill any state law, where a twenty-six member Senate controlled treaty-making with other nations, and where the president's veto was exercised jointly with the Supreme Court.
Barack Obama understands that the country wants a president who acts. And as the new, Tea Party-tainted Congress is spoiling for confrontation, now is the ideal moment for a true veto strategy.