[quote]BostonBarrister wrote:
steveo5801 wrote:
Hey 100 meters,
I was not making a legal argument, but a constitutional one. You remember the Constitution, don’t you? I know you liberals have a problem with this document, but IT is the law of the land!
Now, about making stuff up – is it that when people don’t agree with you “100 meters” that you just accuse them of making stuff up? I stated two constitutional principles. Which of these principles that can be found in the Constituion has been made up? Hmmm?
Perhaps if you read the Constitution and had less of an allegience to Socialistic, left-wing ideology, you could see what I am talking about…
100meters wrote:
You stated 2 points, but did not make a constitutional case in regards to the domestic surveillance without warrants program.
For laughs you said:
"(1) George W. Bush is our President.
(2) George W. Bush is the Commander n Chief of the U.S. Armed forces."
Neither points say anything about domestic surveillance without warrants. The supreme court on the other hand has previously ruled the President must obtain warrants for domestic eavesdropping.
In fact they ruled 8-0 in the Keith case that the president did not have the authority to do so.
The freedoms protected by the Fourth Amendment “cannot properly be guaranteed if domestic security surveillance may be conducted solely within the discretion of the executive branch,‘’ wrote Justice Lewis Powell, a Nixon appointee.”
Even if the case involves national security (as Nixon claimed) the president still had to seek a warrant based on probable cause.
The supreme court has also said (YOUNGSTOWN CO. v. SAWYER) the president does not have the power to defy congress.
Ok, so you’re kind of dead wrong. And making stuff up.
Of course, this is constitutional stuff, and as a Republican, you really don’t care about the constitution do you? Cause your party kind of likes to piss on it remember?
As usual, you claim way more than your authorities provide – you’d get marked down in legal writing or reprimanded by the judge for trying to pull a fast one.
I’m busy, but a few really quick points.
First, a great quote from In re Sealed Case: “We take for granted that the President does have that authority [to conduct warrantless searches to obtain foreign intelligence information] and, assuming that is so, FISA could not encroach on the President?s constitutional power.” In re Sealed Case, 310 F.3d 717, 742 (FIS Ct. Rev. 2002)
Second, Keith doesn’t mean what you claim it means. the Supreme Court?s 1972 holding in United States v. United States District Court (found at 407 U.S. 297 ( UNITED STATES v. UNITED STATES DISTRICT COURT | FindLaw ), and commonly called the “Keith case”) that “domestic security surveillance” was subject to the warrant and reasonableness requirements of the Fourth Amendment.
The group at issue in Keith was a group of domestic terrorists, with no connection to foreign powers – thus not implicated by the President’s Commander in Chief power to deal with agents of foreign powers. The Court emphasized that its Keith holding addressed only “the domestic aspects of national security” and did not reach “the activities of foreign powers or their agents.”
So, exactly inapplicable as precedent to what the President is claiming as inherent power.
Lastly, your claim of the holding in Youngstown v. Sawyer (the “Steel Seizure”) case is incorrect. First, note that you’re referencing a concurrence by Justice Jackson, not the majority holding.
Second, the Jackson concurrence did not say that “the president does not have the power to defy congress.” It set up an analytical framework by which it suggested we should analyze disputes among the branches regarding separation of powers issues.
In that case, Jackson is basically putting down some shorthand analysis to let the USSC be deferential to the two political branches, and only really get down to analyzing the underlying law if there is a big fight or something is obviously Constitutional. The first zone is when both branches affirmatively agree.
The second is where one is silent while one is acting. The third is when they affirmatively disagree. Amazingly enough, the Jackson concurrence maintains the most scrutiny should be applied when the two branches are in active disagreement.
In that particular case, the majority, not applying Jackson’s rationale, decided Truman had overstepped the bounds of his CiC power in seizing domestic steel mills because a strike interfered with munitions/war materials manufacture during the Korean War.
It’s an interesting intellectual framework that Jackson set up – but what it most certainly does not imply is that the President is always wrong when Congress disagrees with the President in disputes over the relative reaches of the power of each branch.
Now go read this, which I don’t think you’ve done yet:
Hey Barrister,
Good post, but don’t think you will convince him. Remember, 100 meters is always right (at least to himself) 