110-679: The Foreign Intelligence Surveillance Act of 1978 ( FISA , Pub. L. 95–511 , 92 Stat. 1783 , 50 U.S.C. ch. 36 ) is a United States federal law that establishes procedures for the surveillance and collection of foreign intelligence on domestic soil. FISA was enacted in response to revelations of widespread privacy violations by the federal government under president Richard Nixon . It requires federal law enforcement and intelligence agencies to obtain authorization for gathering "foreign intelligence information" between "foreign powers" and "agents of foreign powers" suspected of espionage or terrorism . The law established
220-673: A slip law and in the United States Statutes at Large after receiving the act. Thereafter, the changes are published in the United States Code . Through the process of judicial review , an act of Congress that violates the Constitution may be declared unconstitutional by the courts. A judicial declaration that an act of Congress is unconstitutional does not remove the act from the Statutes at Large or
330-431: A 2006 opinion, Judge Richard Posner wrote that FISA "retains value as a framework for monitoring the communications of known terrorists, but it is hopeless as a framework for detecting terrorists. [FISA] requires that surveillance be conducted pursuant to warrants based on probable cause to believe that the target of surveillance is a terrorist, when the desperate need is to find out who is a terrorist." The ACLU considers
440-642: A FISA order. The court affirmed the denial of the motion. There, the court flatly rejected claims that FISA violated Due process clause of the Fifth Amendment , Equal protection , Separation of powers , nor the Right to counsel provided by the Sixth Amendment . However, in a third case, the special review court for FISA, the equivalent of a Circuit Court of Appeals, opined differently. In In re Sealed Case , 310 F.3d 717, 742 (FISA Ct. Rev. 2002),
550-518: A check to presidential military power through its control over military spending and regulation. Presidents have historically initiated the process for going to war, but critics have charged that there have been several conflicts in which presidents did not get official declarations, including Theodore Roosevelt 's military move into Panama in 1903, the Korean War , the Vietnam War , and
660-481: A constitutional amendment could give the president line-item veto power. When a bill is presented for signature, the president may also issue a signing statement with expressions of their opinion on the constitutionality of a bill's provisions. The president may even declare them unenforceable but the Supreme Court has yet to address this issue. Congress may override vetoes with a two-thirds vote in both
770-502: A disgruntled office seeker, Congress instituted a merit-based civil service in which positions are filled on a nonpartisan basis. The Office of Personnel Management now oversees the staffing of 2.8 million federal jobs in the federal bureaucracy . In 2020, the Trump administration attempted to partially override this change via Executive Order, creating the job classification of Schedule F appointments . The Biden administration removed
880-571: A foreign government, any faction of a foreign nation not substantially composed of U.S. persons , and any entity directed or controlled by a foreign government. The definition also includes groups engaged in international terrorism and foreign political organizations. The sections of FISA authorizing electronic surveillance and physical searches without a court order specifically exclude their application to groups engaged in international terrorism. A "U.S. person" includes citizens, lawfully admitted permanent resident aliens, and corporations incorporated in
990-600: A form of that program in Section 702. The subchapters of FISA provide for: Generally, the statute permits electronic surveillance in two different scenarios. The President may authorize, through the Attorney General , electronic surveillance without a court order for the period of one year, provided that it is only to acquire foreign intelligence information, that it is solely directed at communications or property controlled exclusively by foreign powers, that there
1100-509: A formal petition. The petition shall be addressed to the president of the United States and shall be submitted to the pardon attorney, Department of Justice, Washington, D.C. 20530, except for petitions relating to military offenses. A person accepting the pardon through execution of a formal petition must, however, acknowledge that the crime did take place. The president can only grant pardons for federal offenses. The president maintains
1210-636: A general warrant permitting search and seizure of persons and property; suspend production of the Federal Register ; and censor news reports. The Brennan Center found that 56 PEADs were in effect as of 2018. Executive privilege gives the president the ability to withhold information from the public, Congress, and the courts in national security and diplomatic affairs. George Washington first claimed privilege when Congress requested to see Chief Justice John Jay 's notes from an unpopular treaty negotiation with Great Britain. While not enshrined in
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#17327717813411320-624: A government application to, and order issuing from, the FISA Court. The Act provides procedures for the government to "certify" the legality of an acquisition program, for the government to issue directives to providers to provide data or assistance under a particular program, and for the government and recipient of a directive to seek from the FISA Court, respectively, an order to compel provider compliance or relief from an unlawful directive. Providers receive costs and full immunity from civil suits for compliance with any directives issued pursuant to
1430-467: A major stumbling block for presidents who wish to shape the federal judiciary in a particular ideological stance. As head of the executive branch , the president appoints the top officials for nearly all federal agencies. These positions are listed in the Plum Book which outlines more than 7,000 appointive positions in the government. Many of these appointments are made by the president. The president
1540-415: A president can heavily influence and redirect the nation's political agenda and reshape its public policies. As early as 1999, Terry M. Moe and William G. Howell suggested that presidential capacity to pursue objectives unilaterally, rather than through Congress, "virtually defines what is distinctively modern about the modern American presidency." This shift can be linked to other changes, in particular
1650-538: A prolific source of legislative proposals. The communication is usually in the form of a message or letter from a member of the president's Cabinet, the head of an independent agency, or the president himself, transmitting a draft of a proposed bill to the speaker of the House of Representatives and the president of the Senate. The president may personally propose legislation in annual and special messages to Congress including
1760-748: Is also free to appoint a new agency head of ten agencies. For example, it is not unusual for the CIA 's director or NASA 's administrator to be changed by the president. Other agencies that deal with federal regulation such as the Federal Reserve Board or the Securities and Exchange Commission have set terms that will often outlast presidential terms. For example, governors of the Federal Reserve serve for fourteen years to ensure agency independence. The president also appoints members to
1870-506: Is consensus that the framers of the Constitution intended Congress to declare war and the president to direct the war; Alexander Hamilton said that the president, although lacking the power to declare war, would have "the direction of war when authorized or begun", further explaining in Federalist No. 69 that "The President is to be commander-in-chief of the army and navy of the United States. ... It would amount to nothing more than
1980-478: Is found under the subchapter pertaining to physical searches. In both cases, the statute creates an affirmative defense for law enforcement personnel acting within their official duties and pursuant to a valid court order. Presumably, such a defense is not available to those operating exclusively under presidential authorization. In 1967, the Supreme Court of the United States held that the requirements of
2090-556: Is if the president invokes the Insurrection Act of 1807 to quell civil turmoils, rebellions and insurrections. The president can – with certain limitations – call into federal service all or individual units of the National Guards and naval militias of the states to either supplement regular forces, assist state governments in the case of rebellion or insurrection, or to enforce federal law when such enforcement
2200-544: Is impracticable by normal means. Additionally, the president also maintains direct control over the District of Columbia National Guard . As opposed to military forces, militia units can operate on American soil. In times of war or national emergency, the Congress may grant the president broader powers to manage the national economy and protect the security of the United States, but these powers were not expressly granted by
2310-524: Is made by the third method, the presiding officer of the house that last reconsidered the act promulgates it. Under the United States Constitution , if the president does not return a bill or resolution to Congress with objections before the time limit expires, then the bill automatically becomes an act; however, if the Congress is adjourned at the end of this period, then the bill dies and cannot be reconsidered (see pocket veto ). If
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#17327717813412420-825: Is necessary in order to understand the intelligence or believes that the person was committing a crime. The Attorney General is required to make a certification of these conditions under seal to the Foreign Intelligence Surveillance Court , and report on their compliance to the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence . Since 50 U.S.C. § 1802 (a)(1)(A) of this Act specifically limits warrantless surveillance to foreign powers as defined by 50 U.S.C. §1801(a) (1),(2),(3) and omits
2530-432: Is no substantial likelihood that it will acquire the contents of any communication to which a United States person is a party, and that it be conducted only in accordance with defined minimization procedures. The code defines "foreign intelligence information" to mean information necessary to protect the United States against actual or potential grave attack, sabotage or international terrorism . "Foreign powers" means
2640-410: Is sometimes used in informal speech to indicate something for which getting permission is burdensome. For example, "It takes an act of Congress to get a building permit in this town." An act adopted by simple majorities in both houses of Congress is promulgated , or given the force of law, in one of the following ways: The president promulgates acts of Congress made by the first two methods. If an act
2750-465: Is subject to both criminal penalties and civil liabilities. Under 50 U.S.C. § 1811, the President may also authorize warrantless surveillance at the beginning of a war. Specifically, he may authorize such surveillance "for a period not to exceed fifteen calendar days following a declaration of war by the Congress". Alternatively, the government may seek a court order permitting the surveillance using
2860-595: Is the federal official that is primarily responsible for the relations of the United States with foreign nations. The president appoints ambassadors, ministers, and consuls (subject to confirmation by the Senate) and receives foreign ambassadors and other public officials. With the secretary of state , the president manages all official contacts with foreign governments. On occasion, the president may personally participate in summit conferences where heads of state meet for direct consultation. For example, President Wilson led
2970-454: Is the number of the Congress and Y refers to the sequential order of the bill (when it was enacted). For example, P. L. 111–5 ( American Recovery and Reinvestment Act of 2009 ) was the fifth enacted public law of the 111th United States Congress . Public laws are also often abbreviated as Pub. L. No. X–Y. When the legislation of those two kinds are proposed, it is called public bill and private bill respectively. The word "act", as used in
3080-414: Is used or will be used by that foreign power or its agent. In addition, the court must find that the proposed surveillance meet certain "minimization requirements" for information pertaining to U.S. persons. If the foreign power's suspected agent communicates with Americans, the communications of U.S. citizens are incidentally intercepted even though they are not the targets of the surveillance. Depending on
3190-651: The Bush administration and carried out by the National Security Agency since 2002; a subsequent Bloomberg article suggested this may have already begun by June 2000. Attorney General Alberto Gonzales later confirmed the existence of the program, which was codenamed Stellar Wind . Without obtaining a FISA warrant, the NSA monitored phone calls , Internet activities, text messages, and other forms of communication involving any party it believed to be outside
3300-491: The Church Committee that foreign intelligence surveillance legislation should include provisions for programmatically authorizing surveillance programs because of the particular needs of foreign intelligence where "virtually continuous surveillance, which by its nature does not have specifically predetermined targets" may be required. In these situations, "the efficiency of a warrant requirement would be minimal." In
3410-558: The Department of Justice . There is no provision for a release of information regarding such hearings, or for the record of information actually collected. The USA Freedom Act (Section 402), however, requires the government to declassify and publicly release "to the greatest extent practicable" each order, decision and opinion of the court if it contains a "significant construction or interpretation of law." FISC meets in secret, and approves or denies requests for search warrants . Only
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3520-711: The Federal Bureau of Investigation and the National Security Agency ) against suspected foreign intelligence agents inside the U.S. The court is located within the E. Barrett Prettyman United States Courthouse in Washington, D.C. The court is staffed by eleven judges appointed by the Chief Justice of the United States to serve seven-year terms. Proceedings before the FISA court are ex parte and non-adversarial. The court hears evidence presented solely by
3630-501: The Federal Sentencing Guidelines are considered too severe. This power can check the legislative and judicial branches by altering punishment for crimes. Presidents can issue blanket amnesty to forgive entire groups of people. For example, President Jimmy Carter granted amnesty to Vietnam draft dodgers who had fled to Canada . Presidents can also issue temporary suspensions of prosecution or punishment in
3740-469: The Foreign Intelligence Surveillance Court (FISC) to oversee requests for surveillance warrants. Although FISA was initially limited to government use of electronic surveillance, subsequent amendments have broadened the law to regulate other intelligence-gathering methods, including physical searches, pen register and trap and trace (PR/TT) devices, and compelling the production of certain types of business records. FISA has been repeatedly amended since
3850-591: The Foreign Intelligence Surveillance Improvement and Enhancement Act of 2006 ( S. 3001 ) asserting FISA as the exclusive means to conduct foreign intelligence surveillance. All three competing bills were the subject of Judiciary Committee hearings throughout the summer. On September 13, 2006, the Senate Judiciary Committee voted to approve all three mutually exclusive bills, thus, leaving it to
3960-595: The Fourth Amendment applied equally to electronic surveillance and to physical searches. Katz v. United States , 389 U.S. 347 (1967). The Court did not address whether such requirements apply to issues of national security . Shortly after, in 1972, the Court took up the issue again in United States v. United States District Court, Plamondon , 407 U.S. 297 (1972), where the court held that court approval
4070-513: The House and the Senate . The process has traditionally been difficult and relatively rare. The threat of a presidential veto has usually provided sufficient pressure for Congress to modify a bill so the president would be willing to sign it. Much of the legislation dealt with by Congress is drafted at the initiative of the executive branch. In modern times, the " executive communication " has become
4180-537: The Office of the Pardon Attorney in the U.S. Department of Justice to review all requests for pardons. The president can also commute a sentence which, in effect, changes the punishment to time served. While the guilty party may be released from custody or not have to serve out a prison term, all other punishments still apply. Most pardons are issued as oversight of the judicial branch, especially in cases where
4290-691: The Presentment Clause . The power was available to all presidents and was regarded as a power inherent to the office. The Congressional Budget and Impoundment Control Act of 1974 was passed in response to large-scale power exercises by President Nixon. The act also created the Congressional Budget Office as a legislative counterpoint to the Office of Management and Budget. Executive orders are subject to judicial review and interpretation . Nonetheless, acting independently,
4400-640: The September 11 attacks , with several added provisions garnering political and public controversy due to privacy concerns. The Foreign Intelligence Surveillance Act (FISA) was introduced on May 18, 1977, by Senator Ted Kennedy and was signed into law by President Carter on 25 October 1978. The bill was cosponsored by nine Senators: Birch Bayh , James O. Eastland , Jake Garn , Walter Huddleston , Daniel Inouye , Charles Mathias , John L. McClellan , Gaylord Nelson , and Strom Thurmond . The FISA resulted from extensive investigations by Senate Committees into
4510-464: The United States Constitution as well as those granted by Acts of Congress , implied powers , and also a great deal of soft power that is attached to the presidency. The Constitution explicitly assigns the president the power to sign or veto legislation , command the armed forces , ask for the written opinion of their Cabinet , convene or adjourn Congress , grant reprieves and pardons , and receive ambassadors. The president shall take care that
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4620-553: The Vietnam War , which some historians have sharply criticized. The Iraqi invasion of Kuwait in 1990 and the ensuing Gulf War in 1991 saw George H. W. Bush assemble and lead one of the largest military coalitions of nations in modern times. Confronting a major constitutional issue of murky legislation that left the wars in Korea and Vietnam without official declarations of war, Congress quickly authorized sweeping war-making powers for Bush. The leadership of George W. Bush during
4730-630: The War in Afghanistan and Iraq War achieved mixed results. In the aftermath of the September 11 attacks by al-Qaeda , the subsequent War on Terror that followed, and the 2003 invasion of Iraq due to Iraq's alleged sponsorship of terrorism and possession of weapons of mass destruction, the speed at which the Taliban and Ba'ath Party governments in both Kabul and Baghdad were toppled by an overwhelming superiority of American and allied forces defied
4840-557: The White House Office . The 2011 report listed 454 employees. Article II of the United States Constitution gives the president the power of clemency . The two most commonly used clemency powers are those of pardon and commutation . A pardon is an official forgiveness for an acknowledged crime. Once a pardon is issued, all punishment for the crime is waived. A person seeking executive clemency by pardon, reprieve, commutation of sentence, or remission of fine shall execute
4950-520: The color of law or through disclosing information known to have been obtained through unauthorized surveillance. The penalties for either act are fines up to US$ 10,000, up to five years in jail, or both. In addition, the statute creates a cause of action for private individuals whose communications were unlawfully monitored. The statute permits actual damages of not less than $ 1,000 or $ 100 per day. In addition, that statute authorizes punitive damages and an award of attorney's fees . Similar liability
5060-589: The defendants were members of the Irish Republican Army . They were convicted for various violations regarding the shipment of explosives and firearms . The court held that there were compelling considerations of national security in the distinction between the treatment of U.S. citizens and non-resident aliens. In the United States v. Nicholson , 955 F. Supp. 588 (E.D. Va. 1997), the defendant moved to suppress all evidence gathered under
5170-592: The deployment of troops , unilaterally launch nuclear weapons , and form military policy with the Department of Defense and Homeland Security . However, the constitutional ability to declare war is vested only in Congress. Article II of the U.S. Constitution expressly designates the president as: Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into
5280-523: The 1949 amendments to the same act, created the Department of Defense and the services (Army, Navy, Marine Corps and Air Force) became subject to the "authority, direction and control" of the secretary of defense . The present-day operational command of the Armed Forces is delegated from the president to the Department of Defense and is normally exercised through its secretary. The chairman of
5390-666: The 2020 case, United States v. Moalin , the Ninth Circuit Court of Appeals ruled that the federal government violated FISA, and possibly the Fourth Amendment of the U.S. Constitution, when it collected the telephony metadata of millions of Americans. Both the subchapters covering physical searches and electronic surveillance provide for criminal and civil liability for violations of FISA. Criminal sanctions follows violations of electronic surveillance by intentionally engaging in electronic surveillance under
5500-522: The Act. Act of Congress#Public law, private law, designation An act of Congress is a statute enacted by the United States Congress . Acts may apply only to individual entities (called private laws ), or to the general public ( public laws ). For a bill to become an act, the text must pass through both houses with a majority, then be either signed into law by the president of
5610-577: The American delegation to the Paris Peace Conference in 1919 after World War I ; President Franklin D. Roosevelt met with Allied leaders during World War II ; and every president sits down with world leaders to discuss economic and political issues and to reach agreements. Through the Department of State and the Department of Defense , the president is responsible for the protection of Americans abroad and of foreign nationals in
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#17327717813415720-491: The Commander in Chief". Harry S. Truman believed in a high amount of civilian leadership of the military, making many tactical and policy decisions based on the recommendations of his advisors—including the decision to use atomic weapons on Japan , to commit American forces in the Korean War , and to terminate Douglas MacArthur from his command. Lyndon B. Johnson kept a very tight personal control of operations during
5830-524: The Constitution, Washington's action created the precedent for privilege. When Richard Nixon tried to use executive privilege as a reason for not turning over subpoenaed audio tapes to a special prosecutor in the Watergate scandal, the Supreme Court ruled in United States v. Nixon that privilege was not absolute. The Court reasoned that the judiciary's interest in the "fair administration of criminal justice" outweighed President Nixon's interest in keeping
5940-502: The Constitution. Within the executive branch itself, the president has broad powers to manage national affairs and the priorities of the government. The president can unilaterally issue a variety of rules, regulations, and instructions, whose impact and visibility vary widely. Memoranda and other informal orders may not be published. National security directives may be classified. Public proclamations and international agreements are more easily tracked, as are executive orders , which have
6050-458: The FIS court. This is called the traditional intelligence collection, because it is "the targeted monitoring of a suspected clandestine operative of a foreign power." Approval of a FISA application requires the court find probable cause that the target of the surveillance be a "foreign power" or an "agent of a foreign power" inside the United States and that the places at which surveillance is requested
6160-473: The FISA Act to be unconstitutional for several reasons including: the law was designed to mainly address terrorism threats, but in fact intercepts communications that have nothing to do with terrorism or criminal activity of any kind; and that "the government can create huge databases that contain information about U.S. persons obtained without warrants and then search these databases at a later point." The Act
6270-460: The FISA courts to issue surveillance and physical search orders without having to find a connection between the "lone wolf" and a foreign government or terrorist group. However, "if the court authorizes such a surveillance or physical search using this new definition of 'agent of a foreign power', the FISC judge has to find, in pertinent part, that, based upon the information provided by the applicant for
6380-469: The FISC may be appealed to the Foreign Intelligence Surveillance Court of Review . The Court of Review is a three-judge panel. Since its creation, the court has come into session twice: in 2002 and 2008. In addition to electronic surveillance, FISA permits the "physical search" of the "premises, information, material, or property used exclusively by" a foreign power. The requirements and procedures are nearly identical to those for electronic surveillance. In
6490-598: The Framers implied these powers because the structural design of the Executive Branch enables it to act faster than the Legislative Branch. Because the Constitution remains silent on the issue, the courts cannot grant the Executive Branch these powers when it tries to wield them. The courts will only recognize a right of the Executive Branch to use emergency powers if Congress has granted such powers to
6600-507: The Joint Chiefs of Staff and the combatant commands assist with operations as outlined in the presidentially-approved Unified Command Plan (UCP). The exact degree of authority that the Constitution grants to the president as commander-in-chief has been the subject of much debate throughout American history, with Congress at various times granting the president wide authority and at others attempting to restrict that authority. There
6710-474: The Protect America Act of 2007, communications that begin or end in a foreign country may be wiretapped by the U.S. government without supervision by the FISA Court. The Act removes from the definition of "electronic surveillance" in FISA any surveillance directed at a person reasonably believed to be located outside the United States. As such, surveillance of these communications no longer requires
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#17327717813416820-506: The U.S., regardless of whether part of the communication took place domestically. The Bush administration initially defended the program as an extension of executive authority ; amid public, political, and legal pressure, the program was ended in January 2007 and the government announced it would seek warrants from the Foreign Intelligence Surveillance Court (FISC). Following the controversy over Stellar Wind , Congress later legalized
6930-519: The United States diplomatic corps . Many, but not all, of these positions at the highest levels are appointed by the president with the advice and consent of the United States Senate . The president also nominates persons to fill federal judicial vacancies, including federal judges , such as members of the United States courts of appeals and the U.S. Supreme Court . These nominations require Senate confirmation, and this can provide
7040-492: The United States , be left unsigned for ten days (excluding Sundays) while Congress remains in session, or, if vetoed by the president, receive a congressional override from 2 ⁄ 3 of both houses. In the United States, acts of Congress are designated as either public laws , relating to the general public, or private laws , relating to specific institutions or individuals. Since 1957, all Acts of Congress have been designated as "Public Law X–Y" or "Private Law X–Y", where X
7150-477: The United States Code; rather, it prevents the act from being enforced. However, the act as published in annotated codes and legal databases is marked with annotations indicating that it is no longer good law. Powers of the president of the United States [REDACTED] [REDACTED] The powers of the president of the United States include those explicitly granted by Article II of
7260-602: The United States subject to enhanced Congressional oversight. Also on March 16, 2006, Senator Arlen Specter (R-PA) introduced the National Security Surveillance Act of 2006 ( S. 2453 ), which would amend FISA to grant retroactive amnesty for warrantless surveillance conducted under presidential authority and provide FISA court (FISC) jurisdiction to review, authorize, and oversight "electronic surveillance programs". On May 24, 2006, Senator Specter and Senator Dianne Feinstein (D-CA) introduced
7370-418: The United States. "Minimization procedures" limit the collection of information concerning United States persons by protecting their identities and requiring a court order to retain the communications for longer than 72 hours. The communications can be retained without court order if there is evidence of a crime. Identification of a US person, known as "unmasking", may also be authorized if an agency believes it
7480-448: The United States. Surveillance beyond the initial authorized period would require a FISA warrant or a presidential certification to Congress. On September 28, 2006, the House of Representatives passed Wilson's bill and it was referred to the Senate. On July 28, 2007, President Bush called on Congress to pass legislation to reform the FISA in order to ease restrictions on surveillance of terrorist suspects where one party (or both parties) to
7590-478: The United States. The president decides whether to recognize new nations and new governments, and negotiate treaties with other nations, which become binding on the United States when approved by two-thirds of the Senate. The president may also negotiate executive agreements with foreign powers that are not subject to Senate confirmation. The Constitution does not expressly grant the president additional powers in times of national emergency. Some scholars think that
7700-511: The actual Service of the United States U.S. ranks have their roots in British military traditions, with the president possessing ultimate authority, but no rank, maintaining a civilian status. Before 1947, the president was the only common superior of the Army (under the secretary of war ) and the Navy and Marine Corps (under the secretary of the navy ). The National Security Act of 1947 , and
7810-451: The annual State of the Union address and joint sessions of Congress. If Congress has adjourned without acting on proposals, the president may call a special session of the Congress. Beyond these official powers, the U.S. president, as a leader of his political party and the United States government, holds great sway over public opinion whereby they may influence legislation. To improve
7920-600: The bill to Congress with a veto message suggesting changes (unless Congress is out of session, in which case the president may rely on a pocket veto ). Presidents are required to approve all of a bill or none of it; selective vetoes have been prohibited. In 1996, Congress gave President Bill Clinton a line-item veto over parts of a bill that required spending federal funds. The Supreme Court , in Clinton v. New York City , found Clinton's veto of pork-barrel appropriations for New York City to be unconstitutional because only
8030-529: The binding force of law upon federal agencies but do not require approval of the United States Congress. Early examples of unilateral directives to enact politically controversial policies include George Washington 's Proclamation of Neutrality (1793), Andrew Jackson 's Nullification Proclamation (1832), and Abraham Lincoln 's Emancipation Proclamation (1862). The Budget and Accounting Act of 1921 put additional responsibilities on
8140-459: The boards of directors for government-owned corporations , such as Amtrak . The president can also make a recess appointment if a position needs to be filled while Congress is not in session. In the past, presidents could appoint members of the United States civil service . This use of the spoils system allowed presidents to reward political supporters with jobs. Following the assassination of President James Garfield by Charles J. Guiteau ,
8250-426: The classification prior to its full implementation. The president must also appoint his staff of aides, advisers, and assistants. These individuals are political appointments and are not subject to review by the Senate. All members of the staff serve "at the pleasure of the President". Since 1995, the president has been required to submit an annual report to Congress listing the name and salary of every employee of
8360-441: The communication are located overseas. He asked that Congress pass the legislation before its August 2007 recess. On August 3, 2007, the Senate passed a Republican-sponsored version of FISA ( S. 1927 ) in a vote of 60 to 28. The House followed by passing the bill, 227–183. The Protect America Act of 2007 ( Pub. L. 110–55 (text) (PDF) , S. 1927 ) was then signed into law by George W. Bush on August 5, 2007. Under
8470-534: The courts upheld warrantless wiretaps. In Brown , a U.S. citizen's conversation was captured by a wiretap authorized by the Attorney General for foreign intelligence purposes. In Butenko , the court held a wiretap valid if the primary purpose was for gathering foreign intelligence information. A plurality opinion in Zweibon v. Mitchell , 516 F.2d 594 (D.C. Cir. 1975), held that a warrant was required for
8580-473: The definitions contained in 50 U.S.C. §1801(a) (4),(5),(6) the act does not authorize the use of warrantless surveillance on: groups engaged in international terrorism or activities in preparation thereof; foreign-based political organizations, not substantially composed of United States persons; or entities that are directed and controlled by a foreign government or governments. Under FISA, anyone who engages in electronic surveillance except as authorized by statute
8690-467: The domestic surveillance of a domestic organization. In this case, the court found that the domestic organization was not a "foreign power or their agent", and "absent exigent circumstances, all warrantless electronic surveillance is unreasonable and therefore unconstitutional." There have been very few cases involving the constitutionality of FISA. Two lower court decisions found FISA constitutional. In United States v. Duggan , 743 F.2d 59 (2d Cir. 1984),
8800-511: The evidence secret. Later President Bill Clinton lost in federal court when he tried to assert privilege in the Lewinsky affair . The Supreme Court affirmed this in Clinton v. Jones , which denied the use of privilege in cases of civil suits. Because of the vast array of presidential roles and responsibilities, coupled with a conspicuous presence on the national and international scene, political analysts have tended to place great emphasis on
8910-399: The form of respites . This power is most commonly used to delay federal sentences of execution. Pardons can be controversial when they appear to be politically motivated. President George W. Bush commuted the sentence of White House staffer Lewis "Scooter" Libby and President Donald Trump commuted the sentence of and later pardoned Roger Stone . Under the Constitution, the president
9020-526: The full Senate to resolve. On July 18, 2006, U.S. Representative Heather Wilson (R-NM) introduced the Electronic Surveillance Modernization Act ( H.R. 5825 ). Wilson's bill would give the President the authority to authorize electronic surveillance of international phone calls and e-mail linked specifically to identified terrorist groups immediately following or in anticipation of an armed or terrorist attack on
9130-621: The invasions of Grenada in 1983 and Panama in 1989. The amount of military detail handled personally by the president in wartime has varied dramatically. George Washington , the first U.S. president, firmly established military subordination under civilian authority . In 1794, Washington used his constitutional powers to assemble 12,000 militiamen to quell the Whiskey Rebellion —a conflict in western Pennsylvania involving armed farmers and distillers who refused to pay excise tax on spirits. According to historian Joseph Ellis , this
9240-404: The laws are faithfully executed and the president has the power to appoint and remove executive officers. The president may make treaties , which need to be ratified by two-thirds of the Senate , and is accorded those foreign-affairs functions not otherwise granted to Congress or shared with the Senate. Thus, the president can control the formation and communication of foreign policy and can direct
9350-489: The legality of domestic intelligence activities. These investigations were led separately by Sam Ervin and Frank Church in 1978 as a response to President Richard Nixon 's usage of federal resources, including law enforcement agencies, to spy on political and activist groups. The law itself was crafted in large part in closed door meetings between legislators and members of the Justice Department . The act
9460-642: The nation's diplomatic corps. The president may also appoint Article III judges and some officers with the advice and consent of the U.S. Senate. In the condition of a Senate recess, the president may make a temporary appointment . The president is the commander-in-chief of the United States Armed Forces as well as all federalized United States Militia and may exercise supreme operational command and control over them. The president has, in this capacity, plenary power to launch, direct and supervise military operations , order or authorize
9570-501: The number of warrants applied for, issued and denied, is reported. In 1980 (the first full year after its inception), it approved 322 warrants. This number has steadily grown to 2,224 warrants in 2006. In the period 1979–2006, a total of 22,990 applications for warrants were made to the Court of which 22,985 were approved (sometimes with modifications; or with the splitting up, or combining, of warrants for legal purposes), and only 5 were definitively rejected. Denials of FISA applications by
9680-535: The order, the target had engaged in or was engaging in international terrorism or activities in preparation therefor". On March 16, 2006, Senators Mike DeWine (R-OH), Lindsey Graham (R-SC), Chuck Hagel (R-NE), and Olympia Snowe (R-ME) introduced the Terrorist Surveillance Act of 2006 (S.2455), under which the President would be given certain additional limited statutory authority to conduct electronic surveillance of suspected terrorists in
9790-558: The other extreme, Woodrow Wilson paid very little attention to operational military details of World War I and had very little contact with the War Department or with General John J. Pershing , who had a high degree of autonomy as commander of the armies in France. As president during World War II , Franklin D. Roosevelt worked closely with his generals and admirals, and assigned Admiral William D. Leahy as "Chief of Staff to
9900-419: The polarization of political parties, increasing tendencies for congressional dysfunction, and the delegation of authority to the executive branch to implement legislative provisions. The president has several options when presented with a bill from Congress. If the president agrees with the bill, he can sign it into law within ten days of receipt. If the president opposes the bill, he can veto it and return
10010-428: The positions were in fact already statutorily designated as "combatant commander" (CCDR). On 24 October 2002, Defense Secretary Donald H. Rumsfeld announced his decision that the use of the commander-in-chief title would thereafter be reserved for the president only. As the purpose of a military is to combat foreign invaders and adversaries, U.S. troops cannot be deployed on U.S. soil. The only exception to this rule,
10120-413: The predictions of many military experts. However, insufficient post-war planning and strategy by Bush and his advisors to rebuild those nations were costly. During the 20th century, certain regional commanders came to be called "commander-in-chief". Before 2002, combatant commanders were referred to as commanders-in-chief on a daily basis (e.g. Commander in Chief of U.S. Central Command ), even though
10230-484: The presidency for the preparation of the United States federal budget , although Congress was required to approve it. The act required the Office of Management and Budget to assist the president with the preparation of the budget. Previous presidents had the privilege of impounding funds as they saw fit, however the United States Supreme Court revoked the privilege in 1998 as a violation of
10340-763: The president deems they are engaged in insurrection. According to research conducted by the Brennan Center at New York University Law School , administrations since Eisenhower have drafted secret Presidential Emergency Action Documents (PEADs) that assert what one government document described as "extraordinary presidential authority in response to extraordinary situations." These secret powers appear to be exempt from congressional oversight. PEADs undergo periodic revision, and although their current contents were not known as of 2020, previous PEADs included emergency powers to detain "alien enemies" and other "dangerous persons"; invoke various forms of martial law; authorize
10450-445: The president rejects a bill or resolution while the Congress is in session, a two-thirds vote of both houses of Congress is needed for reconsideration to be successful. Promulgation in the sense of publishing and proclaiming the law is accomplished by the president, or the relevant presiding officer in the case of an overridden veto, delivering the act to the archivist of the United States . The archivist provides for its publication as
10560-445: The president the authority to unilaterally seize private property without Congressional legislation. President Nixon claimed in 1976 that the powers of the president to decide the constitutionality of government actions concerning national security was absolute and exclusive: "if the President does it, that means it is not illegal". Congressional legislation gives the president powers to commandeer states and governors of states, if
10670-454: The president's powers. Some have even spoken of "the imperial presidency", referring to the expanded role of the office that Franklin D. Roosevelt maintained during his term. President Theodore Roosevelt famously called the presidency a " bully pulpit " from which to raise issues nationally, for when a president raises an issue, it inevitably becomes subject to public debate. A president's power and influence may have limits, but politically
10780-431: The president. Emergency presidential power is not a new idea. However, the way in which it is used in the twenty-first century presents new challenges. A claim of emergency powers was at the center of President Abraham Lincoln's suspension of habeas corpus without Congressional approval in 1861. Lincoln claimed that the rebellion created an emergency that permitted him the extraordinary power of unilaterally suspending
10890-832: The special court stated "[A]ll the other courts to have decided the issue [have] held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information . ... We take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President's constitutional power." K. A. Taipale of the World Policy Institute, James Jay Carafano of The Heritage Foundation , and Philip Bobbitt of Columbia Law School, among others, have argued that FISA may need to be amended to include, among other things, procedures for programmatic approvals, as it may no longer be adequate to address certain foreign intelligence needs and technology developments, including:
11000-749: The supreme command and direction of the military and naval forces ... while that of the British king extends to the DECLARING of war and to the RAISING and REGULATING of fleets and armies, all [of] which ... would appertain to the legislature". Pursuant to the War Powers Resolution of 1973, Congress must authorize any troop deployments longer than 60 days, although that process relies on triggering mechanisms that have never been employed, rendering it ineffectual. Additionally, Congress provides
11110-488: The term "act of Congress", is a common, not a proper noun . The capitalization of the word "act" (especially when used standing alone to refer to an act mentioned earlier by its full name) is deprecated by some dictionaries and usage authorities. However, the Bluebook requires "Act" to be capitalized when referring to a specific legislative act. The United States Code capitalizes "act". The term "act of Congress"
11220-593: The transition from circuit-based communications to packet-based communications; the globalization of telecommunication infrastructure; and the development of automated monitoring techniques, including data mining and traffic analysis . John R. Schmidt, associate attorney general (1994–1997) in the Justice Department under President Bill Clinton, expressed a need for programmatic approval of technology-enabled surveillance programs. He recalled early arguments made by then-Attorney General Edward Levi to
11330-497: The type of surveillance, approved orders or extensions of orders may be active for 90 days, 120 days, or a year. FISA warrants require renewal depending on the type of surveillance and type of warrant either every 90 days (if targeting a U.S. person) or 120 days (if targeting a non-U.S. person). The Act created the Foreign Intelligence Surveillance Court (FISC) and enabled it to oversee requests for surveillance warrants by federal law enforcement and intelligence agencies (primarily
11440-655: The use of emergency powers when he nationalized private steel mills that failed to produce steel because of a labor strike in 1952. With the Korean War ongoing, Truman asserted that he could not wage war successfully if the economy failed to provide him with the material resources necessary to keep the troops well-equipped. The U.S. Supreme Court, however, refused to accept that argument in Youngstown Sheet & Tube Co. v. Sawyer , voting 6-3 that neither commander-in-chief powers nor any claimed emergency powers gave
11550-495: The working relationship with Congress, presidents in recent years have set up an Office of Legislative Affairs . Presidential aides have kept abreast of all important legislative activities. Before taking office, the president-elect and his transition team must appoint people to more than 6,000 federal positions. The appointments range from top officials at U.S. government agencies, to the White House staff, and members of
11660-805: The writ. With Chief Justice Roger Taney sitting as judge, the Federal District Court of Maryland struck down the suspension in Ex parte Merryman , although Lincoln ignored the order. President Franklin Delano Roosevelt similarly invoked emergency powers when he issued an order directing that all Japanese Americans residing on the West Coast be placed into internment camps during World War II. The U.S. Supreme Court upheld this order in Korematsu v. United States . Harry Truman declared
11770-485: Was amended in 2001 by the USA PATRIOT Act , primarily to include terrorism on behalf of groups that are not specifically backed by a foreign government. In 2004, FISA was amended to include a "lone wolf" provision. 50 U.S.C. § 1801(b)(1)(C) . A "lone wolf" is a non-U.S. person who engages in or prepares for international terrorism. The provision amended the definition of "foreign power" to permit
11880-532: Was created to provide judicial and congressional oversight of the government's covert surveillance activities of foreign entities and individuals in the United States, while maintaining the secrecy needed to protect national security. FISA came into public prominence in December 2005 following an article in The New York Times that described a program of warrantless domestic wiretapping ordered by
11990-468: Was required in order for the domestic surveillance to satisfy the Fourth Amendment. Justice Powell wrote that the decision did not address this issue that "may be involved with respect to activities of foreign powers or their agents". Immediately preceding FISA, a number of courts squarely addressed the issue of "warrantless wiretaps". In both United States v. Brown , 484 F.2d 418 (5th Cir. 1973), and United States v. Butenko , 494 F.2d 593 (3rd Cir. 1974),
12100-581: Was the "first and only time a sitting American president led troops in the field", although James Madison briefly took control of artillery units in the defense of Washington D.C. during the War of 1812 . President Abraham Lincoln was deeply involved in strategy development and day-to-day military operations during the American Civil War , 1861–1865; historians have given Lincoln high praise for his strategic sense and his ability to select and encourage commanders such as Ulysses S. Grant . On
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