libertarian_knight
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- Jun 23, 2005
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finally, hehe (haven't been able to post all day for some reason, and I was not being punished... iffy internet)
Anyway.
The Congressional Research Service has an excellent memo regarding this issue.
People have often talked about the President Inherent authority concerning foriegn affairs resulting from Article II of the US Constitution, however there is another inherent authority that must be taken into account, that of Congress in Artilce I "To make rules for the government and regulation of the land and naval forces; " and "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. "
Which has been understood that Congress has the authority even to, in part, make law concerning how the powers of other branches are executed.
For example, though the President is Commander and Chief of the Army and Navy, etc, the Congress CAN make rules on HOW the President can execute the role of Commander in Chief. See: War Powers Act. The President can engage us Armed services into Hostilities without support of congress or Declaration of War, however, the President, even as CiC can not engage in armed conflict indefinately without the express approval of congress to continue the action either periodically or until conclusion.
Though the President's primary doamin is foriegn affairs, and congress agrees Foriegn intelligence gathing a role of the President, they again, can set rules for the government and laws necessary and proper for execution of the government's powers.
It is my opinion at least (not that it really matters) that congress did just such a thing, using their consitutional authority, in creating FISA that, in part, limits the extent to which the President can gather intelligence information.
It is also the president that is bound to uphold the laws and the consitution.
Some clarity regarding this issue came from the 44 pages CRS memo from Jan 5, 2006. http://fas.org/sgp/crs/intel/m010506.pdf
it's an excellent read.
Anyway.
The Congressional Research Service has an excellent memo regarding this issue.
People have often talked about the President Inherent authority concerning foriegn affairs resulting from Article II of the US Constitution, however there is another inherent authority that must be taken into account, that of Congress in Artilce I "To make rules for the government and regulation of the land and naval forces; " and "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. "
Which has been understood that Congress has the authority even to, in part, make law concerning how the powers of other branches are executed.
For example, though the President is Commander and Chief of the Army and Navy, etc, the Congress CAN make rules on HOW the President can execute the role of Commander in Chief. See: War Powers Act. The President can engage us Armed services into Hostilities without support of congress or Declaration of War, however, the President, even as CiC can not engage in armed conflict indefinately without the express approval of congress to continue the action either periodically or until conclusion.
Though the President's primary doamin is foriegn affairs, and congress agrees Foriegn intelligence gathing a role of the President, they again, can set rules for the government and laws necessary and proper for execution of the government's powers.
It is my opinion at least (not that it really matters) that congress did just such a thing, using their consitutional authority, in creating FISA that, in part, limits the extent to which the President can gather intelligence information.
It is also the president that is bound to uphold the laws and the consitution.
Some clarity regarding this issue came from the 44 pages CRS memo from Jan 5, 2006. http://fas.org/sgp/crs/intel/m010506.pdf
it's an excellent read.