Extrajudicial
Posted by Lex, on October 1, 2010
Back in the days before foreign policy got poisoned by partisanship (I jest), I was compelled at times to defend what other people chose to view as constitutional violations by President Obama’s predecessor. The salient issue at that juncture was whether normal congressional legislation requiring FISA oversight of executive branch exploitation of signals intelligence that might or might not have passed through US telecoms (and therefore potentially rendered US citizens liable to unwarranted snooping) could be safely disregarded by a Commander-in-Chief exercising his Article II powers in a time of war. In short, could President Bush authorize warrantless wiretaps on known terrorists overseas even if one end of their conversations terminated in or routed through US terrestrial architecture?
I argued yes: Congress could not through normal legislation restrict the constitutional powers of a co-equal branch of government. Others argued, “No, he’s shredding the Constitution, and that.” This over intercepted email and telephony data.