Founding partner Joseph Becker publishes National Law Journal article questioning constitutionality of NSA surveillance

In this important article, entitled “The Presidency, What Inherent Power?,” Mr. Becker contends that Article II of the U.S. Constitution does not grant to the presidency the authority President Bush has claimed for himself in authorizing certain record collection endeavors by the National Security Agency. “‘Inherent’ presidential authority engages a very unstable principle,” Mr. Becker argues. “There are doubtless some such powers buried in Article II. But the inherency principle is unprincipled; it conduces to opportunism, attributing powers when convenient, without roots in the text or history of Article II.”  President Bush “may be George,” Mr. Becker concludes, “but he’s not George III.”  What inherent power?