FAS

Constitutional Limitations on Domestic Surveillance

06.07.07 | 1 min read | Text by Steven Aftergood

The constitutionality of the so-called Terrorist Surveillance Program was examined from various points of view at a hearing of the House Judiciary Committee today.

“The President had ample authority to authorize the Terrorist Surveillance Program under acts of Congress and the Constitution,” said Steven Bradbur of the Justice Department in a prepared statement (pdf).

It’s not so simple, said Louis Fisher of the Law Library of Congress in an extended analysis (pdf). “Federal courts have rejected the theory that the President has ‘inherent’ constitutional authority to engage in warrantless domestic surveillance.”

The President’s program is clearly illegal, argued conservative critic Bruce Fein. “If Congress leaves the Bush administration’s illegal spying programs unrebuked, a precedent will have been established that will lie around like a loaded weapon ready for permanent use throughout the endless conflict with international terrorism,” he said (pdf).

See the prepared testimony from the June 7 hearing on “Constitutional Limitations on Domestic Surveillance”.

publications
See all publications
Emerging Technology
day one project
Issue Brief
Winning the Next Phase of the Chip War

Familiar semiconductor policy approaches – export controls and subsidies – are inadequate alone to prevent reliance on Chinese-made legacy chips. Washington and its allies will instead have to turn  to the old-fashioned, disruptive tools of trade defense in the face of a challenge of this scale.  

02.06.25 | 0 min read
read more
Environment
Press release
Position on the Wildfire Intelligence Collaboration and Coordination Act of 2025

The Wildfire Intelligence Center would bring together expertise at all levels of government to give our firefighters and first responders access to cutting-edge tools and the decision support they need to confront this growing crisis.

02.06.25 | 1 min read
read more
Clean Energy
Blog
Energy Dominance (Already) Starts at the DOE

DOE is already very well set up to pursue an energy dominance agenda for America. There’s simply no need to waste time conducting a large-scale agency reorganization.

02.05.25 | 7 min read
read more
Government Capacity
Press release
Federation of American Scientists and Environmental Policy Innovation Center Unveil Permitting Tech and Talent Policy Recommendations to Support Deployment of Crucial Energy, Environmental, and Infrastructure Projects

FAS today released permitting policy recommendations to improve talent and technology in the federal permitting process. These recommendations will address the sometimes years-long bottlenecks that prevent implementation of crucial projects, from energy to transportation.

02.05.25 | 4 min read
read more