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To: Pragmatic_View
The president HAS the authority to defend us against the enemy. It's WAR, in case you missed 9-11-01.

But he doesn't have unlimited or extra-Constitutional authority either. If the Framers wanted the President to have dictatorial powers during war they would have explictly put that in the Constitution. They didn't do that however. The Framers more than anyone understood the balance needed between the legitimate needs of government and individual liberty.

They wrote the Fifth Amendment requirement of indictment for example, even knowing that in some cases, conspirators could be tipped off by the simple fact that an investigation was occuring. They rightly believed this to be a better outcome that simply hauling people into court on flimsy evidence. Ditto for the Fourth Amendment - conspirators may be tipped off by a seach and destroy valuable evidence before the government gets to it - but the Framers thought this was a better outcome than giving the government the power to randomly enter your home.

321 posted on 12/27/2005 3:44:49 PM PST by garbanzo (Don't Let the Government Win)
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To: garbanzo
The Records of the Federal Convention of 1787;

"the President is empowered to repel sudden attacks without awaiting congressional action and to make clear that the conduct of war is vested exclusively in the President."
Congress declares a war, the President executes the war and the Judiciary has no role in a war. The reason for giving exclusive authority to the President for the conduct of war was to prevent 500+ bureaucrats from micromanaging the war.
332 posted on 12/27/2005 4:09:40 PM PST by Wasanother (Terrorist come in many forms but all are RATS.)
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