pudge's Journal: On What Authority?

Tim Russert asked Secretary Rice yesterday, "What is the constitutional authority for the president to eavesdrop on American citizens without getting court approval?"

The remarkable thing about this question to me is that he asked it when he did. Why is this not question asked about everything the President or Congress does? On what Constitutional authority is the federal government paying for Katrina? On what Constitutional authority is Congress holding hearings about drug use in baseball, or the ranking system in college football?

I have not had a chance to fully take in all the news surrounding what prompted Russert's question. It's a complicated and thorny legal issue, that may shake many of our assumptions about federal power. I just wonder about the selective challenges to federal power. I've believed for years that every new law or exercise of federal power should be required to include a justification for that power; maybe now is the time to bring this idea up again.

Geographic Territory

[rholliday]

Rice made a good point: "... we are talking about the ability to collect information on the geographic territory that is the United States." There's a difference between being in the United States and being a US citizen. I'm not sure of the technicalities, is the NSA allowed to spy on US citizens when they're outside of the country? Was it literally a border divide, or more of a rights divide?

Re:Geographic Territory

[pudge]

Again, I know almost nothing about the specifics of Bush's order, so I have no real thoughts on it at this time. I was speaking only generally to the justification of exercised power, which should never come after the exercise, but before, and it should be routinely asked, and routinely explained.

I'll post again later about the specific issue involved in this case later, probably, once I get more information that justifies it.

Re:Geographic Territory

[Cyberdyne]

There's a difference between being in the United States and being a US citizen. I'm not sure of the technicalities, is the NSA allowed to spy on US citizens when they're outside of the country?

There's a ban on identifying US citizens (or rather, UKUSA citizens, under the relevant intelligence arrangements) in intelligence reports, except under very restricted circumstances; interestingly, it doesn't prohibit identifying their office - so if for some reason the President, the British Prime Minister and Ang

Constitutional Authority

[Sloppy]

"What is the constitutional authority for the president to .. [whatever]"

Why is this .. question [not] asked about everything the President or Congress does?

Because it would be really embarrassing to keep giving far-fetched and mindboggling answers to that question. Whoever keeps asking it, is gonna get "bad karma" for making the government look bad. Rice won't come back on your TV show, you won't get called on during press conferences, etc.