February 10, 2006

Jefferson, Hamilton, and Lincoln on the Bounds of Executive Power

By DAVID GLENN

Benjamin A. Kleinerman, assistant professor of international studies at the Virginia Military Institute

The president is the "sole organ for the Nation in foreign affairs," according to a policy memo released by the U.S. Department of Justice in mid-January. The memo argues that the Constitution gives the president extremely broad latitude to (among other things) conduct warrantless surveillance during wartime or other emergencies.

But the

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