The first thing I should do is establish my credentials. I work in the editorial department of a publishing house. I make my living by knowing the English language. I sometimes introduce myself as a professional nitpicker, but I take what I do very seriously.
In reading the actual letter that Fred Fielding sent out to the various members of Congress today, two things jumped off the page at me. Here's a link, if you want to see for yourself:
http://rawstory.com//other/letterfielding.pdfThe first thing is Fielding's use of the word "president." According to the Chicago Manual of Style, 15th Edition, the word "president" is appropriately capitalized when it is used in conjunction with a person who holds that office (President Andrew Jackson). Otherwise, when used in the abstract, the word should not be capitalized (the presidency, for example). Fielding's letter uses "President" and "Presidency" a number of times, always capitalizing the word when it has no reason for being so. There is no direct reference to "President Bush," and as such Fielding's usage goes against the CMS. See point 8.25 on page 318 for examples.
The second thing is Fielding's use of "constitutional." In this context, Fielding is referencing the specific document which was adopted in 1789, and which George Bush took an oath to "preserve, protect, and defend." As such, this requires capitalization (a Constitutional issue) to identify the U.S. Constitution, and not the constitution of Denmark. However, Fielding uses this term several times, without capitalizing it once. In my mind, this is a deliberate misusage by Fielding and those who employ him. See point 8.86 on page 343 of CMS, 15th Edition for further examples.
When the "Presidency" is (wrongly) capitalized, while "constitution" (again, wrongly) is not, we can see what Bush and his crowd are doing. The document that created the office has now become subservient to it, in their view. This is the "unitary executive" concept taken to its absurd end.
I grant you that this isn't the same as lying us into a war, or ignoring the FISA court, or any of the other heinous things they've done over the years. On the other hand, it is an unmistakable sign that the office matters greatly to this crowd, while the charter that created it does not.