Panelists Say Congress Has Not Done Enough to Preserve Constitutional Powers.

BLT:

Congress must do more to fight for its constitutional responsibilities and maintain the balance of power, panelists said at a conference on national security reform on Thursday.


The conference, hosted by the Project on National Security Reform and the Reserve Officers Association, featured a panel discussion of the constitutional implications of national security reform with former Assistant Attorney General Randolph Moss, now a partner at Wilmer Cutler Pickering Hale and Dorr, and Louis Fisher, a constitutional scholar at the Library of Congress.


The discussion between Moss and Fisher focused primarily on where each branch of government can draw the line regarding their constitutional powers when national security issues result in a clash between the legislature and the president.


“The framers very much expected and designed into the system a tug of war between the branches of government,” Moss said. “They intended the branches to be jealous of each other’s powers and attempt to debate where those powers lie. Congress, as well as the president and the judiciary, has a responsibility to stick up for its branch.”


Fisher contended that of course there is going to be tension between the branches, but Congress has not done enough in the past 50 years to preserve the legislature’s constitutional powers.



Fisher pointed to Congress’ failure to push for a greater role in authorizing the National Security Agency to conduct surveillance and pursue warrants under the Foreign Intelligence Surveillance Act. Fisher also argued that it makes little sense that presidents’ national security advisers can decline to testify to Congress about matters of policy.