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To: Boot Hill
"FISA could not encroach on the President’s constitutional power".

So what? You're the one claiming that FISA encroaches on the President's authority, not me. Do you see no distinction between Congress's ensuring that the President doesn't act beyond his constitutional authority and Congress's actually encroaching on the President's actual constitutional authority?

Bottom line, the President has no constitutional authority to either abuse or act beyond his constitutional authority. FISA prevents exactly that--Presidential abuse of authority and Presidential actions not Constitutionally authorized. Please, show me one provision in FISA that prevents the President from performing any acts which he is constitutionally authorized to do.

353 posted on 01/23/2006 6:35:58 PM PST by Sandy
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Incorrect, that quote is not my words, those are the words of the Truong court.

Bottom line then, we are in agreement, as that is precisely what all those court cases held, as for example...

"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)

The separation of powers doctrine forbids Congress from intruding in areas that are exclusively within the authority of the President. And as the above cite clearly reflects, the President does have the inherent constitutional authority to conduct warrantless searches to obtain foreign intelligence information.

355 posted on 01/23/2006 7:19:17 PM PST by Boot Hill ("...and Joshua went unto him and said: art thou for us, or for our adversaries?")
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