H.R. 1013, H.R. 1371, and Other Proposals which Address the Issue of Affording Prior Notice of Covert Actions to the Congress: Hearings Before the Subcommittee on Legislation of the Permanent Select Committee on Intelligence, House of Representatives, One Hundredth Congress, First Session, April 1, 8, and June 10, 1987

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Сторінка 236 - When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb, for then he can rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter.
Сторінка 250 - The opinion of the judges has no more authority over Congress than the opinion of Congress has over the judges, and on that point the President is independent of both.
Сторінка 225 - By the constitution of the United States the president is invested with certain important political powers, in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience.
Сторінка 250 - It is as much the duty of the house of representatives, of the senate, and of the President, to decide upon the constitutionality of any bill or resolution which may be presented to them for passage or approval, as it is of the supreme judges, when it may be brought before them for judicial decision.
Сторінка 222 - Moreover, he, not Congress, has the better opportunity of knowing the conditions which prevail in foreign countries, and especially is this true in time of war. He has his confidential sources of information. He has his agents in the form of diplomatic, consular and other officials. Secrecy in respect of information gathered by them may be highly necessary, and the premature disclosure of it productive of harmful results.
Сторінка 236 - However, neither the doctrine of separation of powers, nor the need for confidentiality of high level communications, without more, can sustain an absolute, unqualified presidential privilege of immunity from judicial process under all circumstances.
Сторінка 220 - ... commissions or instructions to or with public ministers or consuls, from the United States, or to negotiations with public ministers from foreign states or princes, or to memorials or other applications from foreign public ministers or other foreigners, or to such other matters respecting foreign affairs, as the President of the United States shall assign to the said department...
Сторінка 235 - The President, both as Commander-in-Chief and as the Nation's organ for foreign affairs, has available intelligence services whose reports are not and ought not to be published to the world. It would be intolerable that courts, without the relevant information, should review and perhaps nullify actions of the Executive taken on information properly held secret.
Сторінка 225 - Kilbourn refused to testify, we are of opinion that the House of Representatives not only exceeded the limit of its own authority, but assumed a power which could only be properly exercised by another branch of the government, because it was in its nature clearly judicial.
Сторінка 235 - But even if courts could require full disclosure, the very nature of Executive decisions as to foreign policy is political, not judicial.

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