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 Bradbury 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
Environment
Blog
Disaster Policy Nerds Explain the Good, Bad, and Ugly in FEMA Review Council Report

After months of delay, the council tasked by President Trump to review the FEMA released its final report. Our disaster policy nerds have thoughts.

05.21.26 | 8 min read
read more
Global Risk
Press release
Federation of American Scientists, Future of Life Institute Present Converging Risks Report, AI Impact Awards at Gala

FAS and FLI partnered to build a series of convenings and reports across the intersections of artificial intelligence (AI) with biosecurity, cybersecurity, nuclear command and control, military integration, and frontier AI governance. This project brought together leaders across these areas and created a space that was rigorous, transpartisan, and solutions-oriented to approach how we should think about how AI is rapidly changing global risks.

05.20.26 | 9 min read
read more
Emerging Technology
Blog
Closing the Strategic Capital Gap: The Case for Modernizing the Export-Import Bank

Investment should instead be directed at sectors where American technology and innovation exist but the infrastructure to commercialize them domestically does not—and where the national security case is clear.

05.20.26 | 3 min read
read more
Clean Energy
Blog
States Are Plugging into Experimental Electricity Policy to Find Cost-Saving Success

To tune into the action on the ground, we convened practitioners, state and local officials, advocates, and policy experts to discuss what it will actually take to deploy clean energy faster, modernize electricity systems, and lower costs for households.

05.13.26 | 5 min read
read more