Imagine, if you would, that the religious kooks got their way and passed a law banning the teaching of evolution in schools.
Imagine now having an enlightened Democratic president who is reluctant to enforce the anti-evolution law since he thinks it will diminish the value of education.
The religious kooks then call for an impeachment.
The religious kooks who wrote the anti-evolution bill might think their bill was the best law ever passed. They may even think it was passed by direct revelation from God!
When you get down into the nitty gritty politics of impeachment, however, you would find the people who think that the evolution ban was a bad idea, would not support the impeachment.
This wrangling between legislature and administration is pretty much what you expect in a democratic republic. For that matter, I suspect the founders would expect push back as being par for the course, and would not consider such things an impeachable offense.
I hate that Bush has chosen to push back on FISA. I hate Bushisms, I hate how Bush appears to avoid engagement in debates with people (except, of course, on Fox and CSPAN).
As much as I hate all of that, the FISA court thang is one of the reindeer games they play in Washington. We may hate reindeer games, but it's not quite impeachment fodder. Examine the logic of the FISA system, it is pretty much equivalent to a pro science administrator pushing back against anti-evolution legislation.
Many people see the FISA as passed in 1978 as a recipe for disaster. Yes, I agree that it is wise to have third party oversight of intelligence. The problem is that we have a court trying to impose the requirements for criminal investigation on foreign intelligence. It doesn't work because foreign intelligence is different from criminal investigation.
Looking at this from a different angle: Should the same methodology applying to criminal investigations be used for health inspections? Should the health inspector have to prove probable cause to get a warrant to inspect a restaurant? Or should health inspections be routine?
What a food handler does in the bathroom is their own business ... except when it comes to washing their hands.
Should health inspectors have probable cause that a bird has the flu before testing a chicken coop for bird flu? I think not. In my opinion, a good health inspection system has a great deal of random sampling. There should be a body of laws with ample protection for the rights of restaurants, farms and what not. That layer of protection shouldn't be at the issue of warrants for health inspection.
A jurist cannot derive from the aether the proper number of health inspections needed to optimize public safety.
Anyway, Conservatives look at the FISA thing as a bad law that will diminish public safety. Impeaching a president for failing to enforce a law that many believe will adversely affect public safety would fly as well as impeaching a president because he allows the teaching of science despite in a world with anti-evolution laws.
I think 3rd party oversight of foreign intelligence is a great idea. The first generation of FISA is buggy and danger. I hate that Bush is playing reindeer games rather than trying to fix the problem. Regardless, the FISA issue falls short of impeachment fodder as the law itself is in dispute.