discussion week 3

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Webster University *

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5000

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Political Science

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Feb 20, 2024

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docx

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Uploaded by DeanTurtlePerson4160

1. Do the President's implied constitutional powers, if any, apply equally to surveillance against domestic and foreign security threats? Yes, the President had implied constitutional powers by making an exception regarding not allowing law enforcement forces to use electronic surveillance without a warrant despite domestic security concerns. While warrantless, the government claimed that the surveillances were permissible as reasonable use of presidential power to safeguard national security. In addition, the case argued that nothing in that law limits the President's constitutional powers to prevent the overthrow of the Government or "any other clear and present danger to the Government's structure or existence." The government claimed that Congress had recognized the President's authority to conduct such surveillance without prior judicial approval as in foreign security threats. 2. Why is the power to protect domestic security viewed with greater skepticism by the Court than the power to protect against foreign perils? Due to the "inherent vagueness of the concept of domestic security", the power to protect domestic security is viewed with greater skepticism. By invoking the all- encompassing interest of national security, a justification argues that it is too broad in itself. Since it can be abused to suppress political dissent, the Fourth Amendment protections become especially important when governments spy on their own citizens. Considering that the government is supposed to protect its citizens, spying on its own citizens is unacceptable as opposed to spying on foreign threats. Americans expect their government to protect their rights and ensure the safety of our nation. Thus, they believed that the Constitution should set the limits of government power to ensure Americans are protected from unreasonable government intrusion. 3. Are the two concepts really different? The concept of protecting domestic security against the concept of protection from foreign threats is viewed differently because the former is the case of domestic surveillance targeting a domestic threat. Surveillance activities targeting domestic threats are limited by the requirements imposed by the Fourth Amendment to the U.S. Constitution. The government should draw a balance between protecting individual rights and property and at the same time protecting national security. In the case of foreign threats, an act regarding Foreign Intelligence Surveillance was allowed to conduct warrantless telephone and internet monitoring of non-US citizens. This implies that potential causes of national insecurity include actions by other states or countries. Both the inherent presidential powers as well as the joint resolution authorizing the use of "all necessary and appropriate force" in an attack against national security can be fully utilized by the government.

4. Are foreign threats to national security necessarily greater than domestic ones? As mentioned in the previous question, foreign threats are perceived as more serious threats to national security as they may have more power and resources as compared to domestic ones. Aggression from a neighboring country, infiltration from a terrorist group, or global economic trends that compromise the nation's welfare is treated as greater threats than domestic ones. The issue is concerned with foreign power- sponsored or foreign power-coordinated intelligence activity conducted in the U.S. or directed against the United States Government, or U.S. corporations, establishments, or persons. In fact, all of the national security threats listed by the FBI are concerned with foreign power-sponsored or foreign power-coordinated activities.

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discussion week 3

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