Domestic surveillance includes transmission to or from abroad and can be for foreign intelligence
Seamon 8 Richard Henry Seamon, Professor, University of Idaho College of Law. Hastings Constitutional Law Quarterly Spring, 2008 35 Hastings Const. L.Q. 449 ARTICLE: Domestic Surveillance for International Terrorists: Presidential Power and Fourth Amendment Limits lexis
First, FISA generally falls within Congress's power to regulate domestic surveillance for foreign intelligence information. That power comes from the Commerce Clause, to the extent that the surveillance involves interception of information that travels through channels of interstate or foreign commerce such as telephone lines. n188 Additional power flows from congressional powers associated with war and foreign affairs as amplified by the Necessary and Proper Clause. n189 Indeed, the executive branch has never questioned that FISA generally falls within Congress's power, except to the extent that it infringes on the President's congressionally irreducible power under the Constitution. n190
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