Required for Con Law Students (Read WP Article Linked Below)
The litigation over President Bush's warrantless surveillance program is a compelling case through which to examine many of our Constitutional Law issues. While the question of whether a warrant is constitutionally required is better left for Professor LaNoue's First Amendment Freedoms class, several issues remain:
1. Does the President have the power to order the Executive Branch to monitor telephone and electronic communication?
2. Do the courts have the authority to question the President's actions?
The ACLU convinced a federal court that the program was unconstitutional. (See the court's decision PDF). Then last month the Administration agreed to let judges on a secret court (FISA) review the surveillance orders. Now Administration lawyers are arguing that the ACLU case is moot (WP Article).