The NSA Wiretap Program

Paper Summary:

The paper discusses how the United States government, through the National Security Agency, has monitored international cellphone calls without a search warrant. The paper looks at the Bush administration's arguments in support of this program vs. a federal court ruling that that the wiretap program is unconstitutional. The paper concludes that the Administration's belief in the President's inherent powers contradicts the Constitution.

From the Paper:

"In conjunction with the appearance before the Senate Judiciary Committee of Attorney General Alberto Gonzalez, the Administration issued a 42-page defense of the program, "Legal Authorities Supporting the Activities of the National Security Agency Described by the President" ["Legal Authorities"]. This paper makes four arguments in support of this program: (1) inherent presidential power; (2) the resolution calling for use of military force; (3) consistency with the Foreign Intelligence Surveillance Act; and (4) consistency with the Constitution."
"The Administration contends that the President has inherent powers which he can use without specific congressional sanction to protect the United States. In support of this claim, the Legal Authorities cites The Federalist Papers, No. 23 and No. 41, in which Hamilton and Madison argued that the President, holding the entire executive power of the nation, may act to protect the United States. ("Legal Authorities" 6-10)"

Sample of Sources Used:

• American Civil Liberties Union v. National Security Agency, Case 06-CV-10204. U.S. District Court for the Eastern District of Michigan, Issued Aug. 17, 2006, accessed Jan. 2,2007. Available at <http://www.washingtonpost.com/wp-srv/nation/ documents /wiretap_ruling.pdf.> Internet.
• Authorization for Use of Military Force, Pub. L. No. 107-40, Sep. 18, 2001.
• Constitution of the United States
• The Federalist Papers
• Foreign Intelligence Surveillance Act, 50 U.S.C. 1801-1862

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