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Crap, how did I miss this one. A month ago, the DoJ released its justification for sidestepping FISA. Page one states, among other things that the PotUS has "inherent constitutional authority as Commander in Chief and sole organ for the Nation in foreign affairs."
Okay, pulling out the ol' Constitution to confirm this obviously accurate statement ('cause why would they, in the same sentence, mention the very document that proves them wrong").
Let's see, doing a search for mentions of the word "foreign". Alright, there's a reference in Article I, powers of Congress. Another for Congress. Surely the next mention...oh my, no mention of the President's sole powers in foreign affairs. As a matter of fact, any of the Presdient's powers that seem to have anything to do wtih foreign affairs must first go through Congress. Congress must decalre war before he may chiefly commander the troops. He must receive the "advice and concent" of the
senate to make treaties, and only after 2/3 of the Senate concurs. It's the senate that my make rules regarding "capture on land and water".
So what exactly did the DoJ mean by "sole organ"?
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'He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.'
-TJ
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