Thursday, December 22, 2005
President's Inherent Authority to Break the Law?
Marty Lederman’s post today over at Balkinization is right on the money:
The Administration is claiming not simply that the President has some "inherent" authority to surveille the enemy in times of war -- a proposition that is undoubtedly correct -- but instead the much broader, more audacious claim that the President has an unregulable authority, such that he may ignore FISA's constraints. That is to say, their claim is that FISA itself is unconstitutional.
The Administration is claiming not simply that the President has some "inherent" authority to surveille the enemy in times of war -- a proposition that is undoubtedly correct -- but instead the much broader, more audacious claim that the President has an unregulable authority, such that he may ignore FISA's constraints. That is to say, their claim is that FISA itself is unconstitutional.
Stumble It!