Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Privacy Law
Brief Of Amicus Curiae, In Re Opinions & Orders Of This Court Addressing Bulk Collection Of Data Under The Foreign Intelligence Surveillance Act, No. Misc. 13-08 (Fisa Ct. June 13, 2018), Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
Under separation of powers doctrine, Congress lacks the authority to pass statutes to grant, or deny, the FISC jurisdiction over its opinions. All three branches agree that FISC is an Article III court. Constitutional courts are vested with “the judicial power” of the United States, which is insulated from the other two branches. It includes the power to issue opinions disposing of cases. If the other branches could strip the courts of authority over their judgments, they would be able to manipulate the law, undermining the protections for judicial independence. The “least dangerous branch” would lose all power. All it …