Dr.Traveler
Mathematician
- Aug 31, 2009
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Cecille I'll bite.
What's your opinion on the Constitutionality of the NSA, FBI, and CIA? How about the Louisiana Purchase?
I personally find them dubious. It definitely seems like an implied power, but I think if we're looking for strict Constitutional guidelines all 3 of the agencies listed would have to have been set up as a section of the Army or Navy as Army or Navy intelligence (as in some cases they actually were prior to the Cold War). Making them an independent operation is IMHO as questionable as the Welfare clause.
Well, the FBI is part of the Department of Justice, which is about investigating and enforcing federal law inside the United States. The Constitution does give Congress the power to make laws "necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." It seems logical, and necessary and proper, that if you're going to have federal criminal laws, you're going to have to have a federal law enforcement body to execute those laws. But no, the FBI obviously isn't mentioned directly in the Constitution.
It gets even more complicated when you consider that the FBI was formed under a very Progressive administration, which favored a more expansive federal government than existed at the time. Mind you, I think Teddy Roosevelt would have shit his pants if he'd seen the extent to which the federal government has been expanded since then.
Foreign intelligence gathering is on even shakier ground Constitutionally, since our Founding Fathers apparently didn't spend a whole lot of time thinking about the need to have a lot to do with other countries beyond sending them ambassadors and making treaties. Not surprising, when they lived in a world where other countries, aside from Canada and Mexico, were months away by ship.
While I would say that foreign intelligence gathering is certainly a proper and appropriate function for the federal government, that's not the same as saying it's actually covered in the Constitution, and I for one would feel better if the necessity had been covered by an Amendment, rather than simply being popped into existence.
As to the Louisiana Purchase, it was apparently presented to Congress as a treaty, which the Constitution certainly gives the President the right to negotiate and Congress the right to ratify. In addition, although it was a land purchase and that might not have been what the Founding Fathers exactly had in mind when they thought of treaties, it WAS an arrangement made for the sake of national security, because Napoleon wasn't the most stable of human beings and not exactly the sort of neighbor one wants, so I would say I consider it appropriate under those circumstances.
Thank you very much for ASKING.
Thanks for answering.
I think we read these situations in a pretty similar way. My point was, and I think you're closer to agreeing with me than first appeared, is that there are some implied powers in the Constitution. Stuff that certainly makes sense when the Constitution is applied to situations not explicitly spelled out, but again, stuff that isn't explicitly spelled out.
For an additional example, take Judicial Review. I see that as a completely logical consequence of how the legal system works, alongside the fact that the Constitution fails to explicitly spell out a mechanism for countering Unconstitutional laws at the Federal Level. Surely the Founders weren't so naive as to think Unconstitutional laws would never be passed, but they sure seemed to not address that in the Constitution.