Abstract

http://ssrn.com/abstract=975333
 
 

Citations (4)



 
 

Footnotes (272)



 


 



The Terrorist Surveillance Program and the Constitution


John Yoo


University of California at Berkeley School of Law; American Enterprise Institute


George Mason Law Review, Vol. 14, 2007
UC Berkeley Public Law Research Paper No. 975333

Abstract:     
In response to the September 11 attacks, President Bush created the Terrorist Surveillance Program, which authorized the National Security Agency to intercept phone calls and emails traveling into and out of the United States. One of the parties to the communication had to be someone suspected of being a member of al Qaeda. This surveillance took place outside the framework of the Foreign Intelligence Surveillance Act, which since 1978 has regulated the interception of communications entering or leaving the United States. This Essay argues that the TSP represents a valid exercise of the President's Commander-in-Chief authority to gather intelligence during wartime. Part I argues that critics of the program misunderstand the separation of powers between the President and Congress in wartime. Part II traces the confusion to a failure to properly understand the differences between war and crime, and a difficulty in understanding the new challenges presented by a networked, dynamic enemy such as al Qaeda. Part III explains that because the United States is at war with al Qaeda, the President possesses the constitutional authority as Commander-in-Chief to engage in warrantless surveillance of enemy activity. It draws on historical examples to show a long practice of presidential authority in this area.

Number of Pages in PDF File: 48

Keywords: terrorism, surveillance, president, separation of powers, intelligence

Accepted Paper Series





Download This Paper

Date posted: March 27, 2007  

Suggested Citation

Yoo, John, The Terrorist Surveillance Program and the Constitution. George Mason Law Review, Vol. 14, 2007; UC Berkeley Public Law Research Paper No. 975333. Available at SSRN: http://ssrn.com/abstract=975333

Contact Information

John Choon Yoo (Contact Author)
University of California at Berkeley School of Law ( email )
Boalt Hall
890 Simon
Berkeley, CA 94720-7200
United States
510-643-5089 (Phone)
510-643-2673 (Fax)
American Enterprise Institute ( email )
1150 17th Street, N.W.
Washington, DC 20036
United States
Feedback to SSRN


Paper statistics
Abstract Views: 3,004
Downloads: 709
Download Rank: 19,562
Citations:  4
Footnotes:  272

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.328 seconds