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Monday, March 20, 2006 

MULS and the Censure Issue

In case you missed it this weekend, Marquette University Law School adjunct Professor Rick Esenberg has an opinion piece in the Milwaukee Journal-Sentinel about the NSA program and Senator Feingold's censure proposal. Newspapers aren't always generous with space or citation links, so Prof. Esenberg has expanded thoughts on his blog here.

I'm inclined to agree (and it's not to suck up, I don't have a class with Prof. Esenberg). I haven't commented on this issue until now because I think it is a pretty complex legal question. I haven't had the free time needed to exhaustively research the scope of Article II power (I do have some social life). Most of the people who have been harping back and forth about it don't even look at it like that. They see it as a political issue to use as a soapbox (see: Feingold).

I'd be interested to see how the Supreme Court would deal with the constitutionality of some of FISA. However, I think that this whole thing will be resolved before any case makes its way through the court system.

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