◆ SpookStack

ne TO/ “ONIZE INVESTIGATIVE IT ¥INIQUES ; IN FORJEIGN INTELLIGENCE INVES 41GATIONS y The Federal Government hasa responsibility to protect the territorial and institutional integrity of the United States, and to this end, it must acquire information to exorcise informed judgements in forcien affairs as well as information concerning the activities of forcign powers and their agents in the United States, In an effort to obtain this information, we should inquire whether the President, acting through the Attorney General, may authorize an agency of the Federal Government to utilize investigative techniques such as wiretaps, microphones and surreptitious entries without a court order. The resolution of this question requires consideration of the relationship between Presidential power and national security on the one hand, and the warrant requirement of the Fourth Amendment on the other, NATIONAL SECURITY AND PRESIDENTIAL POWER Alexander Hamilton wrote that men could differ regarding the creation of a Federal Government but that once such a Government was created and made responsible for the defense of the nation, it must be given the authority necessary to discharge that responsibility. Hanfilton recosnized that "the circumstances that endanger the safety of nations are infinite, " and for this reason, he wrote, no limits should be placed | ; on Ah? Government's author} ty dg this area, _ AY bt Sta ba-tlTbe m=. f MER FE - rea? @gca op PATE3-2-32. 8