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Politics : View from the Center and Left
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From: Dale Baker12/20/2005 6:43:08 AM
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Excerpt from Washington Post article today:

"The Supreme Court spoke at the height of the Korean War on the president's authority to override Congress. In 1952, President Harry S. Truman ordered a federal takeover of the steel industry to prevent a strike that would have disrupted the supply of weapons to troops at the front. He cited his authority as commander in chief.

By a vote of 6 to 3, the court rejected Truman's claim. In an influential concurring opinion, Justice Robert H. Jackson wrote that the president's power is "at its lowest ebb" when he "takes measures incompatible with the expressed or implied will of Congress."

"With all its defects, delays and inconveniences, men have discovered no technique for long preserving free government except that the Executive be under the law, and that the law be made by parliamentary deliberations," Jackson wrote.

Analysts said that precedent makes Bush's claim of inherent constitutional authority to eavesdrop the most controversial aspect of his legal argument. But such claims have a long history. Presidents going back to Franklin D. Roosevelt either acted as if they had such power, or openly asserted it.

But the intelligence scandals of the 1960s and '70s changed the political and legal climate. In 1972, the Supreme Court rejected warrantless searches in cases of alleged domestic national security threats, but left open the issue of eavesdropping for foreign intelligence or counterintelligence purposes. The court has still not explicitly addressed the issue."
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