Constitutional Limitations on Domestic Surveillance
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”.
If this proposed rule were enacted it would have deleterious effects on government workers in general and federal researchers and scientists, specifically.
When we introduce “at-will” employment to government employees, we also introduce the potential for environments where people are more concerned about self-preservation than service to others.
There is no better time to re-invigorate America’s innovation edge by investing in R&D to create and capture “industries of the future,” re-shoring capital and expertise, and working closely with allies to expand our capabilities while safeguarding those technologies that are critical to our security.
Russia currently maintains nearly 5,460 nuclear warheads, with an estimated 1,718 deployed. This represents a slight decrease in total warheads from previous years but still positions Russia as the world’s largest nuclear power alongside the United States.