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To: inquest; dirtboy
inquest:   "the President's only power when it comes to surveillance is that he's commander-in-chief of the military."

Incorrect, the President's power over foreign intelligence comes not only from the requirements of the office of Commader-in-Chief, but also as this nations sole representative in matters of foreign affairs.

"However, because of the President's constitutional duty to act for the United States in the field of foreign relations, and his inherent power to protect national security in the context of foreign affairs, we reaffirm what we held in United States v. Clay, supra, that the President may constitutionally authorize warrantless wiretaps for the purpose of gathering foreign intelligence."
--United States v. Brown, 484 F.2d 418, 426 (1973)

inquest:   "Nowhere in these long-standing interpretations did they hold that Congress does not have the power to regulate this power."

Regulate? Yes. Infringe? Absolutely not, and the courts have said so.

"The Truong court, as did all the other courts to have decided the issue, held that the President did have inherent [constitutional] authority to conduct warrantless searches to obtain foreign intelligence information. We take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President’s constitutional power."
--In re Sealed Case, 310, F3d. 717, 742 (2002)

25 posted on 02/13/2006 3:46:59 PM PST by Boot Hill ("...and Joshua went unto him and said: art thou for us, or for our adversaries?")
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To: Boot Hill
we reaffirm what we held in United States v. Clay, supra, that the President may constitutionally authorize warrantless wiretaps for the purpose of gathering foreign intelligence."

Somehow this gets transmogrified into the notion that the Prez can only wiretap foreigners.

26 posted on 02/13/2006 3:50:30 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?)
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To: Boot Hill
inquest: "Nowhere in these long-standing interpretations did they hold that Congress does not have the power to regulate this power."

Regulate? Yes. Infringe? Absolutely not, and the courts have said so.

1. A regulation is an infringement. That's what it does.

2. I said there were no holdings restricting Congress this way, and there are indeed none. What you posted was dictum, not holding. This has been explained to you before. What is it about that that you're not getting?

28 posted on 02/13/2006 4:43:59 PM PST by inquest (If you favor any legal status for illegal aliens, then do not claim to be in favor of secure borders)
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