Overview
Case Study: “NSA Eavesdropping: Unchecked or Limited Presidential Power?”
Case Paper Assignment Questions and Writing Assignment:
How does the Constitution balance the needs of national security against the rights and liberties of the individual?
In the field of national security, does the president possess “inherent” powers that are immune from legislative and judicial controls?
- Which principles should guide the government in balancing the need for national security wiretaps against the constitutional right of privacy?
- If Congress legislates in foreign intelligence surveillance and selects a procedure that is “exclusive,” can the president ignore the statutory command?
- Is it sufficient for the president to notify eight lawmakers and have them briefed about national security wiretaps conducted without a judicial warrant?
- What role should federal courts play in supervising and approving national security wiretaps?