Assessing the Legal Reaches of Executive Power

President Bush has invoked Article 2 of the Constitution in defense of his authorization of domestic spying after Sept. 11, 2001. Two scholars discuss this and other arguments the president has used to justify wiretaps and other surveillance.

Louis Fisher is senior specialist in separation of powers for the Congressional Research Service of the Library of Congress and author of Presidential War Power. Greg Maggs is a law professor at George Washington University and author of Terrorism and the Law: Cases and Materials.

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