The University of Minnesota Law School’s alumni magazine has just published a debate between my colleagues Professors Michael Paulsen and Heidi Kitrosser, and me, on the constitutionality of the NSA’s warrantless surveillance program. Professor Paulsen, a noted and prolific advocate of expansive executive authority, argues that the program is constitutional; Professor Kitrosser and I disagree. All of it was written before the Supreme Court’s recent decision in Hamdan. You can read the exchange here.
I’m sure everyone has general views about the advisability and constitutionality of the NSA program, but please comment only if you’ve actually read the exchange and have some observation about the arguments made therein.