In this essay, Professor Ku explores the constitutionality of the President's Surveillance Program (PSP), and critiques the Bush Administration's legal explanations supporting warrantless surveillance. Defenders of the program have relied upon the President's inherent executive authority, the Congressional Authorization for Use of Military Force, the FISA Amendment Act of 2008, and ultimately that under any of these sources of authority the warrantless surveillance authorized is consistent with the right of privacy protected Fourth Amendment to the U.S. Constitution. As such, Professor Ku uses the PSP to illustrate the how and why current constitutional analysis both ignores and subverts “the right of the people to be secure” guaranteed by the Constitution.


Constitutional Law, Civil/Individual Rights covering U.S., E.E.O.C., Surveillance

Publication Date


Document Type


Place of Original Publication

Case Western Reserve Journal of International Law

Publication Information

Unlimited Power


42 Case Western Reserve Journal of International Law 647 (2010)


COinS Raymond Shih Ray Ku Faculty Bio