Shrub says..
...is all it takes now to trump legislative intent. This isn't even a case of Shrub being able to say he thought he was doing the right thing in an absence of contravening authority. He's saying screw you, Congress; right out of the gate.
Good intentions has run its course as being anywhere near an excuse for not slapping Shrub down for his end-run on the Constitution. It seems a natural outcome of that great document that there be a back and forth between the branches of our government. Each moves to assert itself and then finds itself subsequently checked. BushCo is going for a grand sweep of powers that puts their stacking of the courts in a very dangerous Constitutional perspective.
Whether you think Shrub is the spawn of evil or a pious, near-genius; good intentions can't excuse ripping out the foundations of our government.