Security - What's New - Archive

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Presidential Power: How Much Do You Want?

In the Brave New World created by September 11, security and freedom live in considerable tension with each other. We the people must decide if we are willing to allow the president to do what he (and someday she) feels is necessary in order to protect the country or should we instead rely on laws set by Congress to guide the president through the maze of security and freedom?

One of Congress’ many jobs is to provide oversight over the executive branch, so in the wake of the realization that President Bush authorized the National Security Agency to conduct wiretaps without warrants, Congress began to investigate. It’s the check and balance system in action, but some say that the scales are tipped toward the executive branch.

Congressional oversight

Senate Judiciary Committee Chairman Arlen Specter (R- Pennsylvania) promises to investigate the legality of the wiretaps, after hearings on Supreme Court Nominee Samuel J. Alito.

No other committees have promised to investigate the matter, though the House and Senate Intelligence Committees have jurisdiction as well.

Democrats in the House Judiciary Committee are planning to conduct their own investigation, since House Judiciary Chairman James F. Sensenbrenner Jr. (R-Wisconsin) has not responded to his committee members’ requests for hearings.

The committee Democrats’ investigation would not be considered an official congressional hearing, according to Jeff Lungren, spokesman of the House Judiciary Committee.

Nevertheless, the hearing is scheduled for January 20, 2006 and will try to determine if President Bush’s authorization of domestic wiretaps was legal without a warrant.

The Foreign Intelligence Surveillance Act of 1978 requires warrants, but the Bush administration insists that Bush was within his right as commander-in-chief.

Presidential power

The debate over the wiretaps is a debate over presidential power - how much reach should belong to the executive branch in matters of national security?

The framers of the Constitution intended for the legislative branch to be the most powerful actor in the federal government with the president empowered to execute the laws, not create or deviate from them. Because the founders were clearly concerned about the idea of a king with elite powers, they did not grant them to the president.

However, over time, the role of the president has become larger and more powerful. A forceful executive branch certainly did not start with the W. Bush administration.

The application of the constitution evolves over time, and most Americans alive today understand and are accustomed to the overwhelming power of the executive branch.

One question the Congressional hearings should attempt to ask is, "How much do we want to empower our president?" "What have we already decided through our lawmaking process and what do we want to change?"

Congressional report

The Congressional Research Service is, just as it sounds, a research group in Congress. It has been part of the Library of Congress since 1914, and most people on the hill agree it is nonpartisan.

The group researched the legality of the wiretaps and released its report on January 6, 2006, and found that there is no legal precedent for President Bush’s noncompliance with the Foreign Intelligence Surveillance Act.

However, researchers were unable to reach a definitive conclusion because so many details are still classified.

The report challenges the administration’s legal rationale behind the wiretaps, especially the assertion that Congress’s permission for "all necessary and appropriate force" against terrorist groups allowed for unwarranted wiretaps of Americans and foreigners in the United States.

The Bush administration explains that it did not want to obtain warrants because the legal process might "tip off" terrorists to the eavesdropping program.

Despite the report, most legislators’ opinions on unwarranted domestic spying fall along partisan lines. Lawmakers seem to see the issue in terms of supporting the president instead of in terms of constitutional limits.

Your input matters

Terrorists have been active around the world for a very long time and represent many different groups of angry people. Policy made today is not a short term decision. Realistically, your decision today will affect our lives for more than one generation.

What do you think about the government eavesdropping on emails and phone calls without a warrant? Should the commander in chief be able to do what he or she sees fit to keep the country secure? What are the limits to presidential power? Does the job of president have too much power, or not enough?

Your representatives in Congress DO care what you think. Especially now -- 2006 is an election year and many representatives will be looking to reconnect with their constituents. Let your congressmen and women know what you think! Give your senators a piece of your mind! To find your reps, click here.

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Update Posted on: 1/14/2006