When Germany lost the First World a new republic was proclaimed, much to the surprise of most Germans, not least among them, the Kaiser. The men and women who gathered in Weimar to write a new German constitution approved Article 48, a provision that allowed the new, elected President of Germany (still called the Reich) to rule without the consent of the German Parliament, to rule "by decree," in times of national emergency.

Minor "emergencies," such as the inability of Parliament to pass a budget, were used to justify "rule by decree" from the spring of 1930 (less than a year into the Great Depression) until January, 1933, when Hitler was appointed Chancellor. At the time his party, though large, still did not hold a majority of the seats in parliament.

In February, 1933, a mysterious fire destroyed the German capitol building, less than a week before an election. Hitler claimed this act of terrorism, "The Reichstag Fire," marked the beginning of a Communist revolution. Given the "emergency," President Hindenburg used Article 48 to enact a new law, a "Presidential Decree for the Protection of the People and State." As part of Hitler's war against terrorism the new decree allowed sweeping curtailment of German constitutional rights such as freedom of the press, free speech and assembly. It also lifted all restrictions guaranteeing the privacy of mail and electronic communications, and all protection against unwarranted searches and seizure of property.

Hitler used the law against his political opponents, and eventually succeeded in, quite legally, establishing his right to rule as both President AND Chancellor of the Reich, a new position he called, "Reichsfuehrer."

The Germans who passed Article 48, more than a decade before Hitler took power, had no idea what a terrible idea it was. Americans who believe the President should be able to "rule by decree" in time or war or other national emergency have so such excuse. The Republicans and Democrats, jurists and historians, libertarians and liberals, men and women of the left, right and center, who have spoken out against the President's claim of unlimited "inherent Presidential authority" in time of war are right.

As for the rest, the cry "Forgive them, for they know not what they do," will be hard to justify. Claims of unlimited Presidential power are bad enough from the likes of the current administration . . . but there are worse men in the world than Bush . . . and there will be crises much graver than 9/11.

An all-powerful executive unchecked by Court or Congress, is no cure for crisis. It is, instead, a dagger at the heart of our democracy.