Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Boot Hill
The President has all that he needs in the decisions of virtually every court to have ever addressed the matter and that state that the President's warrantless intercepts are constitutional.

Constitutional is not synonymous with uninfringible. When you can find court decisions that say that it is, then you'd have somewhere to go with this.

38 posted on 02/13/2006 8:36:16 PM PST by inquest (If you favor any legal status for illegal aliens, then do not claim to be in favor of secure borders)
[ Post Reply | Private Reply | To 37 | View Replies ]


To: inquest
inquest:   "Constitutional is not synonymous with uninfringible."

If FISA had in fact infringed upon the exercise of the President's constitutional powers, then the FISA court in In re: Sealed Case would have noted that infringement when they concluded...

"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."
--In re Sealed Case, 310, F3d. 717, 742 (2002)

Not only did the FISA court find NO such infringement, they also concluded...

"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)

39 posted on 02/13/2006 8:52:58 PM PST by Boot Hill ("...and Joshua went unto him and said: art thou for us, or for our adversaries?")
[ Post Reply | Private Reply | To 38 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson