Thursday, December 29, 2005


Wiretaps: Countering One Argument

Volokh conspirator Orin Kerr engages and deconstructs the assertion that the president's authority (under the Constitution's Article II description of the commander-in-chief) to ignore FISA in authorizing wiretaps of Americans.

It's a complicated issue, but Kerr treats the debate with respect and his ultimate concerns are quite valid. In short, defenders of the administration in the area of permitting a broad wiretapping ability -- in the context of an open-ended "wartime" -- need more compelling arguments.

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