Monday, February 6, 2006
FISA Law May be Unconstitutional
Sen. Judiciary Committee Chairman Arlen Specter said Sunday that while President Bush's terrorist surveillance program is a "flat out violation" of the 1978 Foreign Intelligence Surveillance Act, it may be entirely legal because of powers granted the president by the Constitution.
"There is an involved question here . . . as to whether the president's powers under Article 2, his inherent powers, supersede a statute." Specter told NBC's "Meet the Press."
The Pennsylvania Republican said that if the FISA statute "is inconsistent with the Constitution, the Constitution governs and the constitutional powers predominate."
Specter, whose committee is set to commence hearings Monday into the surveillance program, said that when the FISA law was signed by President Carter, he voluntarily surrendered his power to conduct independent domestic surveillance without a warrant.
"But that’s not the end of the discussion," the top Republican cautioned, promising that his hearings would explore the issue of presidential prerogatives and the FISA Act's constitutionality - or lack thereof.
Specter said he may call Carter as a witness to explain his thinking on the FISA law.
"I’ve been discussing that, and it’s on the agenda for consideration," he explained.
Sen. Judiciary Committee Chairman Arlen Specter said Sunday that while President Bush's terrorist surveillance program is a "flat out violation" of the 1978 Foreign Intelligence Surveillance Act, it may be entirely legal because of powers granted the president by the Constitution.
"There is an involved question here . . . as to whether the president's powers under Article 2, his inherent powers, supersede a statute." Specter told NBC's "Meet the Press."
The Pennsylvania Republican said that if the FISA statute "is inconsistent with the Constitution, the Constitution governs and the constitutional powers predominate."
Specter, whose committee is set to commence hearings Monday into the surveillance program, said that when the FISA law was signed by President Carter, he voluntarily surrendered his power to conduct independent domestic surveillance without a warrant.
"But that’s not the end of the discussion," the top Republican cautioned, promising that his hearings would explore the issue of presidential prerogatives and the FISA Act's constitutionality - or lack thereof.
Specter said he may call Carter as a witness to explain his thinking on the FISA law.
"I’ve been discussing that, and it’s on the agenda for consideration," he explained.
