Quote from AAAintheBeltway:
Kent,
Here is the provision I was referencing:
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Under subparagraph b(2), even a U.S citizen who is aiding or abetting al qaeda operations would be subject to warrantless surveillance. By definition, they are "agents of a foreign power".
No, as I stated above 50 U.S.C 1802 specifically restricts the warrantless search provisions to exclude the definitions of "foreign agent." The statute is designed to make it VERY difficult to execute a warrantless wiretap of a "U.S. person," even if that person is suspected of being a "foreign agent."
I think that Congress' intent is that, if the government suspects treasonous actions (i.e., U.S. citizen engaged in espionage or terrorism), then the government needs a warrant from the FISA court.
So this argument won't get the Pres where he wants to go.
And, while I hear you on the argument that among the President's duties is to protect the Separation of Powers, however, I don't see the President as having the inherent power that you apparently believe exists.
You are arguing an extreme version of the Unitary Executive Doctrine, i.e., that the Executive as a separate branch is not actually subject to U.S. Law.
This makes no rational sense to me, because taken to its logical extreme, it means that all administrative agencies of the Executive Branch are merely honoring Congress' Acts, and are actually subject only to Presidential authority, except where expressly provided for in the Constitution.
No reasonable jurist will interpret the Constitution to give the President the power to ignore a valid law. If that were true, then why would the Constitution require the President to sign or veto legislation to make it valid? The President, by signing Congressional legislation is agreeing to be bound by it.
This latest nonsense about signing statements is not going to survive long, because it's the rough equivalent of a line item veto, and that's already been struck down by the USSC.