Although, there is something to be said about some Scottish law.
Posted on 02/05/2006 11:38:21 AM PST by wagglebee
Sen. Judiciary Committee Chairman Arlen Specter said Sunday that while President Bush's terrorist surveillance program is a "flat out violation" of the 1978 Foreign Intelligence Surveillance Act, it may be entirely legal because of powers granted the president by the Constitution.
"There is an involved question here . . . as to whether the president's powers under Article 2, his inherent powers, supersede a statute." Specter told NBC's "Meet the Press."
The Pennsylvania Republican said that if the FISA statute "is inconsistent with the Constitution, the Constitution governs and the constitutional powers predominate."
Specter, whose committee is set to commence hearings Monday into the surveillance program, said that when the FISA law was signed by President Carter, he voluntarily surrendered his power to conduct independent domestic surveillance without a warrant.
"But that’s not the end of the discussion," the top Republican cautioned, promising that his hearings would explore the issue of presidential prerogatives and the FISA Act's constitutionality - or lack thereof.
Specter said he may call Carter as a witness to explain his thinking on the FISA law.
"I’ve been discussing that, and it’s on the agenda for consideration," he explained.
Just about every problem we have today has its roots in Carter's anti-American and possibly treasonous actions.
That's right, congress can't abridge by law any inherent right of the executive branch granted in the constitution.
What Congress has failed to understand for a very long time is that "We the People" grant THEM powers, not the other way around.
Here is Carter's EO regarding FISA. It appears to me that this EO says the FISA can be overruled and overcome by certain criteria. I've not read FISA, so I'm not sure how this applies or does not apply. Any legal beagles or folks who can read governmentese care to comment on this?
EXERCISE OF CERTAIN AUTHORITY RESPECTING ELECTRONIC SURVEILLANCE
EO 12139
23 May 1979
By the authority vested in me as President by Sections 102 and
104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1802 and 1804), in order to provide as set forth in that Act (this
chapter) for the authorization of electronic surveillance for
foreign intelligence purposes, it is hereby ordered as follows:
1-101. Pursuant to Section 102(a)(1) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General
is authorized to approve electronic surveillance to acquire foreign
intelligence information without a court order, but only if the
Attorney General makes the certifications required by that Section.
1-102. Pursuant to Section 102(b) of the Foreign Intelligence Act
of 1978 (50 U.S.C. 1802(b)), the Attorney General is authorized to
approve applications to the court having jurisdiction under Section
103 of that Act (50 U.S.C. 1803) to obtain orders for electronic
surveillance for the purpose of obtaining foreign intelligence
information.
1-103. Pursuant to Section 104(a)(7) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1804(a)(7)), the following
officials, each of whom is employed in the area of national
security or defense, is designated to make the certifications
required by Section 104(a)(7) of the Act in support of applications
to conduct electronic surveillance:
(a) Secretary of State.
(b) Secretary of Defense.
(c) Director of Central Intelligence.
(d) Director of the Federal Bureau of Investigation.
(e) Deputy Secretary of State.
(f) Deputy Secretary of Defense.
(g) Deputy Director of Central Intelligence.
None of the above officials, nor anyone officially acting in that
capacity, may exercise the authority to make the above
certifications, unless that official has been appointed by the
President with the advice and consent of the Senate.
1-104. Section 2-202 of Executive Order No. 12036 (set out under
section 401 of this title) is amended by inserting the following at
the end of that section: ''Any electronic surveillance, as defined
in the Foreign Intelligence Surveillance Act of 1978, shall be
conducted in accordance with that Act as well as this Order.''.
1-105. Section 2-203 of Executive Order No. 12036 (set out under
section 401 of this title) is amended by inserting the following at
the end of that section: ''Any monitoring which constitutes
electronic surveillance as defined in the Foreign Intelligence
Surveillance Act of 1978 shall be conducted in accordance with that
Act as well as this Order.''.
Jimmy Carter.
I thought specter was supposed to be a traitorous rino.
What a world-class DORK he is! That's why under judicial reviews, laws are held up to the light and examined to see if they pass Constitutional muster. The Consitution by definition trumps mere laws passed later.(*)
(*) although the way the liberals want the courts to run, the process would work like this:
1. The law should be checked against the Constitution
2. If the law is something the libs want, and it is Constitutional on its face (a rarity), all is well.
3. If the law is unconstitutional, then either a) find a penumbra
b) "interpret" the Constitution according to European precedent
c) explain that the Constitution is "living and breathing" and has changed its plain meaning in accord with new geo-socio-political-gender-ethno- realities. (Ever notice, by the way, that the net effect of "living and breathing" is to render the original words, meaning, and intent of the Constitution "null and void" ? In any one else's language, that means "Dead". 1984 was a training manual for libs.
Cheers!
I was hoping Arlen was smart enough to mean that FISA was unconstitutional because it was a Congressional overstep to limit powers specifically granted to the President by the constitution...but nooooo.
Well...DUH!!!!
Of course they do! NOTHING trumps the Constitution. It is the supreme law of the land.
Article. VI.
It's past time for Specter to retire from the Senate. He should be building homes for the needy with Carter.
I posted this on the Sunday ..
http://www.freerepublic.com/focus/f-news/1572146/posts?page=606#606
To: AliVeritas
Specter Believes Spy Program Violates Law
You know what .. I am sick of arguing why this program is needed
If some people are to bleeping stupid to realize that we are in a war for our lives
Then fine .. If Congress hates it sooooooo much .. then get rid of it all together
And when we are attacked again .. I will point the finger directly at them!!!
606 posted on 02/05/2006 1:56:40 PM EST by Mo1 (Republicans protect Americans from Terrorists.. Democrats protect Terrorists from Americans)
Oh, great---that is all we need is for Carter to be a witness to make this TRULY a circus.
the 1978 Foreign Intelligence Surveillance Act, it may be entirely legal because of powers granted the president by the Constitution.
What most of us on the right having been saying all along.
Uh,oh. You and he agree on this one.
I would love to see Carter forced to testify under oath about why he did everything in his power to diminish American military superiority.
>>>>The Pennsylvania Republican said that if the FISA statute "is inconsistent with the Constitution, the Constitution governs and the constitutional powers predominate."
I congratulate Pat Toomey for forcing Arlen Specter to discover the existence of the US Constitution. Now if he could just have him go look for that right of privacy he likes to claim exists therein...
Arlen Specter may be unconstitutional.
Please get off the stage you silly rino. Youve done enough damage in your career.
It's insulting to lump anybody in the same group with Carter.
Yeah. I don't understand the angst directed at him here.
Although, there is something to be said about some Scottish law.
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