June 12, 2006

Bush domestic spying program to be tested in fed court in Detroit

Law Professor Robert Sedler commented in a story about the Bush administration defending the constitutionality of its domestic spying program in federal court. President Bush joins Abraham Lincoln, Franklin Roosevelt and Harry Truman in asserting that he has inherent powers under the Constitution, especially in a time of war, to conduct such surveillance. However, courts have ruled against the three former presidents absent a specific grant of such power by the Congress. Sedler said a historical analysis indicates that claims of inherent presidential power over domestic issues have been rejected.

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