Reply #27: just not what i am reading from Law professors and law shool scolars [View All]

[flyarm]

refering to your statement :
"law professors who agree THAT the bushco program is unconstitutional AGREE also that it was a poorly framed decision"

not what i am finding at all...fly

http://public.findlaw.com/pnews/news/ap/o/632/08-18-2006/44ce005c36f772c3.html

snip:

Sen. Arlen Specter, R-Pa., the Senate Judiciary Committee chairman, is championing a compromise that would allow Bush to submit the surveillance program to the Foreign Intelligence Surveillance Court for a one-time test of its constitutionality. But under Thursday's ruling congressional approval would not be enough, said Richard Pildes, a professor at New York University School of Law.

Taylor suggests in her ruling that the program "would violate the Constitution even if Congress authorized it," Pildes said. "Until Congress actually addresses these questions, I would expect most appellate courts to be extremely reluctant to address many of the questions this judge was willing to weigh in on."