From Joyce Appleby and Gary Hart's new essay, "The Founders Never Imagined A Bush Administration":

The presidency possesses no power not granted to it under the Constitution. The powers the current administration seeks in its "war on terror" are not granted under the Constitution. Indeed, they are explicitly prohibited by acts of Congress.

The Founding Fathers, who always come to mind when the Constitution is in danger, anticipated just such a possibility. Writing in the Federalist Papers, James Madison defined tyranny as the concentration of powers in one branch of the government.

"The great security against a gradual concentration of the several powers in the same department," Madison wrote in Federalist 51, "consists in giving to those who administer each department, the necessary constitutional means, and personal motives, to resist encroachments of the others."

Warming to his subject, Madison continued, "Ambition must be made to counteract ambition;" the interest of the office holders must "be connected with the constitutional rights of the place". . .

Madison's solution to the concentration of powers that lead to tyranny relied upon either Congress or the Supreme Court to check the overreaching of a president. In our present crisis, Congress has been supine in the face of the president's grab for unconstitutional, unlimited power, and no case is working its way towards a Supreme Court judgment.

If Madison's reliance on the ambition of other office holders has failed us, we need to look elsewhere. Can what Thomas Jefferson called the "common sense and good judgment of the American people" help us now? In the past, they have been a critical last resort when our leaders endangered the constitutional checks and balances that have made us the world's oldest democracy. But first the public must wake up to this constitutional crisis.