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In: Contemporary Cases in U.S. Foreign Policy: From Terrorism to Trade

Chapter 13: National Security Surveillance: Unchecked or Limited Presidential Power?

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National Security Surveillance: Unchecked or Limited Presidential Power?
National security surveillance: Unchecked or limited presidential power?

Louis Fisher

Before You Begin

  • How does the Constitution balance the needs of national security against the rights and liberties of the individual?
  • In the field of national security, does the president possess “inherent” powers that are immune from legislative and judicial controls?
  • What principles should guide government in balancing the need for national security wiretaps against the constitutional right of privacy?
  • If Congress legislates in the area of foreign intelligence surveillance and selects a procedure that is “exclusive,” can the president ignore the statutory command?
  • Is it sufficient for the president to notify eight lawmakers and have them briefed about national security wiretaps conducted without a judicial warrant?
  • What role should federal courts play in supervising ...

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