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02.07.06 -- 12:00AM
By Josh Marshall
A reader adds a point about FISA ...
The constant invocation of the practices of pre-FISA presidents is an incredibly important legal and constitutional point. If the president has the inherent authority to conduct surveillance, FISA might be unconstitutional. The main issue is whether Congress was able to limit this supposedly inherent authority with its enactment of FISA. Thus, the pre-FISA presidential precedent becomes an important issue.
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