Re:U.S. NSA domestic phone spying program illegal: appeals c...
by dragonwriter on Thursday May 07, 2015 @11:45AM
(#9505881)
> Can somebody explain how a constitutional challenge could be dismissed under the pretext of "it was authorized by Congress"?
The Constitutional limits on what the executive can do on its own authority are different than the Constitutional limits on what the Congress can authorize the Executive to do. So, its quite possible that "it was authorized by Congress" could be a decisive consideration in a case challenging an executive action as unconstitutional.
The Constitutional limits on what the executive can do on its own authority are different than the Constitutional limits on what the Congress can authorize the Executive to do. So, its quite possible that "it was authorized by Congress" could be a decisive consideration in a case challenging an executive action as unconstitutional.