Well, the President's only power when it comes to surveillance is that he's commander-in-chief of the military. Absent that, where does his power come from here?
Long-standing court interpretations that the executive has the right to conduct intelligence gathering.
23 posted on 02/13/2006 3:07:11 PM PST by dirtboy
(I'm fat, I sleep most of the winter and I saw my shadow yesterday. Does that make me a groundhog?)
1. They based this conclusion on what? If they based in on his status as CinC, then this is a military matter, whether military officers, as traditionally defined, are the ones carrying out his orders or not. And there's not much else in Article II that the court could have based it on.
2. Nowhere in these long-standing interpretations did they hold that Congress does not have the power to regulate this power.
24 posted on 02/13/2006 3:12:10 PM PST by inquest
(If you favor any legal status for illegal aliens, then do not claim to be in favor of secure borders)