Krauthammer: 'Leave It to the Congress' to Determine Constitutionality of the NSA Charles Krauthammer on "The Kelly File" on Monday night: "I would like to see the resolution not happen in a court ... but leave it to the Congress, meaning the democratic process, to decide to impose curbs on it. If a court says it is OK that doesn't mean it has to be. Let the people decide in Congress assembly. That’s what Madison intended." "If somebody has a constitutional belief in this country, he takes the case to court and he has it tried. He doesn’t escape to China and Russia where his secrets have undoubtedly been given wholesale over to the Chinese and Russian security agencies, and then claim to be a patriot."