President George W. Bush, who early this week assured Fox News' Bill O'Reilly and the American people that "we don't torture," on Tuesday signed a bill that for all intents and purposes allows precisely that and turns on their head human rights that have been part of accepted common law since the 13th century.

Not only torture but the admission of hearsay evidence and the denial of legal counsel to detainees are part of the Military Commissions Act that the president made the law of the land. In an East Room ceremony, Bush said the act will save lives and give terror suspects a full and fair trial. but that's not necessarily what the act will do. And it most assuredly knocks the United States off the high moral ground it has always defended in its humane treatment of prisoners of war.

All along the president has argued that the so-called war on terror is a different kind of war demanding another look at the treatment of adversaries not categorized as POWs but rather enemy detainees. Under the new law, the president can—with the approval of Congress—hold people indefinitely without charge and suspend habeas corpus protections, and authorize "aggressive techniques" to pry loose information from terrorist suspects. The president declined to elaborate on such techniques, probably because he doesn't want to tie his own hands but would rather keep all interrogation options open. The law says the president can "interpret the meaning and application" of international standards for treatment of prisoners. A cynic might interpret that language to mean the president can do whatever he wants.

And let us say right here that we have little if any confidence in Congress' carrying out its constitutionally mandated oversight responsibilities. This is a Republican-led congress that time and again has shown its inability or unwillingness to rein in a president of its own party. When Republican leaders can't even prevent one of their own members from writing sleazy e-mails to congressional pages, we can hardly believe the party is capable of preventing Mr. Bush from at times acting more like a dictatorial king than a democratically elected president.

Bush said he insisted that Congress codify the CIA interrogations program because it "has been one of the most successful efforts in American history" and must continue to be a "vital tool to protect the American people for years to come." He said the commissions system is lawful, fair and necessary.

There's that play on fear again, as if this administration has carte blanche as along as Americans can remain safe in their beds.

The evidence would suggest something different, however.

We're not winning the war in Iraq; we're fighting hard, God bless our service personnel, but we're not winning. The situation in Afghanistan is deteriorating, too. The philosophy of terrorism is more alive and vibrant than ever. Democracy's foothold in the Middle East is extremely tenuous and could collapse at any time.

Meanwhile, here at home, we have been spared a domestic attack for five years; that is true. But of the points of entry into this country, our borders remain porous and our ports vulnerable. It's good theater to require airline passengers to take off their shoes, but who knows what new ways are being devised to bring us harm.

All we hear from the government are assurances that we are operating within the law, that we don't torture, that everything the government is doing it is doing to insure the safety of the American people But the president is clearly hedging on the torture issue and trying to make the case that civilized behavior toward prisoners is no absolute but subject rather to the whims of the person sitting in the Oval Office.

By sending the Military Commissions Act to the president, Congress demonstrated that it agreed with this philosophy. So much for oversight and checks and balances. Bush seems to have Congress right where he wants it, and that's hardly what the Founders intended.