Q: Does the president have inherent powers under the Constitution to conduct surveillance for national security purposes without judicial warrants, regardless of federal statutes?(sorry, no ponies...)
A: There are some areas where the statutes don’t apply, such as in the surveillance of overseas communications. Where they do apply, however, I think that presidents have the obligation to obey and enforce laws that are passed by Congress and signed into law by the president, no matter what the situation is. ... I don't think the president has the right to disobey any law.
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In a letter posted online by National Review this week, the adviser, Douglas Holtz-Eakin, said Mr. McCain believed that the Constitution gave Mr. Bush the power to authorize the National Security Agency to monitor Americans’ international phone calls and e-mail without warrants, despite a 1978 federal statute that required court oversight of surveillance.
...directing or authorizing such agencies or personnel to conduct or continue electronic surveillance or other investigations for purposes unrelated to national security, the enforcement of laws, or any other lawful function of his office...FISA was initially set up to prevent presidents from repeating Nixon's impeachable acts. Bush repeated them. As a result, I'm not voting for Nancy "Impeachment's Off the Table" Pelosi.
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posted by cjorgensen at 9:54 AM on October 9, 2008 [1 favorite has favorites]