Melanie Sloan has an op-ed in today's San Francisco Chronicle with an important message for Congress to reassert its constitutional oversight role and restore the balance of power. The Bush administration is trying to run rough-shod over Congress with claims of executive privilege. But, Congress is a co-equal branch -- and has the ability to pass legislation to deal with enforcement of Congressional subpoenas. They need to use that power:

This leaves one final option: Congress could pass a statute specifically granting federal courts the authority to hear either just this specific matter or to hear any cases involving the enforcement of congressional subpoenas against the executive branch. In 1973, the Senate Select Committee on Presidential Campaign Finances sought civil enforcement of its subpoena for Watergate tapes and documents. After a lower court refused to hear the matter, Congress passed legislation authorizing jurisdiction over just this specific suit. Ultimately, the committee lost, namely because the House Judiciary Committee already had the tapes. Nonetheless, by enacting the statute, Congress had its day in court.

In the current showdown, Congress could not only provide federal courts with jurisdiction, it could also provide for direct review by the Supreme Court, thereby ensuring that the White House's efforts to further expand the boundaries of executive privilege is heard while the administration is still in office. That alone would be a victory. In any event, the stalemate in which the Bush administration is taking an unprecedented and expansive view of executive power demonstrates how critical it is for Congress to provide the courts with the power to step in and resolve such controversies.

The Bush administration is trying to run out the clock. Congress needs a new game plan.