THE BAGPIPE DIDN’T SAY NO

Lots of defenders of the proposition that the president has inherent authority under Article II to authorize taps of communications from persons in the U.S. to persons abroad have been citing U.S. v. U.S. District Court as though it’s dispositive, because the Court restrains itself to the fact pattern at issue and notes:

As stated at the outset, this case involves only the domestic aspects of national security. We have not addressed, and express no opinion [407 U.S. 297, 322] as to, the issues which may be involved with respect to activities of foreign powers or their agents.

Every time I see that, I think of this Shel Silverstein poem.

—posted by Julian

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