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Surreptitious Entries Black Bag Jobs — Part 27
Page 7
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Government are not imited to those cet forth in wuatonstitution If
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not expres sely set forth in that document, the Court wrote, the Exovutive,”
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as an attribute of sover cienty, would stilt ‘ha .ve the power "to « declare ‘and.
wage war" and "to maintain diplomatic relations. "
re |
- The Court in Curtiss-Wrieht, discussing the sensitive nature of
‘ ‘ r)
forcign diplomacy and the need for secrecy, wrote that if the nation is
‘to be successful in its foreign relations the exccutive branch must be
afforded greater flexibility than it is permitted in the area of domestic
‘affairs. The President, not Congress, the Court reasoned, is ina
better position to be knowledgeable regarding conditions in foreign
countries. “Secrecy in respect of information gathered by [ Presidential
-gources and agents] may be highly necessary, and the premature
disclosure of it productive of harmful results."
, 9
The Supreme Court in Hirabayashi v. United States went on to
‘ wdle a gerede re Leta be are ae bas
state that the President! 5 “wae-powerttie-"'the power to wate war
successfully" and held that the power extended "to every matter and
activity so related to war as substantially to affect its credit and progres:
The Court went on to say that the Constitution has given to the President
great latitude in determining the nature and extent of the danger to the
nation and the means to resist it, Regarding the judiciary's role it
this area, the Court again emphasized that il would iriterfere with the
10
President's power in this area only with extreme care.
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