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Surreptitious Entries Black Bag Jobs — Part 27

75 pages · May 11, 2026 · Document date: Aug 26, 1975 · Broad topic: General · Topic: Surreptitious Entries Black Bag Jobs · 75 pages OCR'd
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. "a 1 os white Government are not imited to those cet forth in wuatonstitution If » Lea: age tna not expres sely set forth in that document, the Court wrote, the Exovutive,” ‘Se — ae | 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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