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Journal of Foreign Legislation and Comparative Law
Reference:

Dundukov M.Y. Control Powers of the President of the United States Towards Intelligence Services (Based on the Decisions of the U.S. Supreme Court)

Abstract: This article discusses the control powers the President of the United States towards U.S. intelligence agencies. The article is based on an analysis of court cases, handled by the U.S. Supreme Court, in which the supreme judicial body of the United States interpreted the constitutional right of the President to implement controls towards its subordinate bodies. The article in accordance with the position of the Supreme Court in the case Totten v. United States (1875) justifies the right of the President as commander-in-chief to establish in time of war intelligence services as a part of executive branch of the government. Comparing the position of the Supreme Court in this case to its position, expressed in the later case Chicago & S. Airlines v. Waterman S.S. Corp. (1948), the author shows the evolution of the judgments of the U.S. Supreme Court, who recognized in a later case, the right of the head of the U.S. to establish intelligence agencies not only in time of war, but also in times of peace.


Keywords:

control functions, intelligence service, commander-in-chief, subordinate bodies, armed forces, court decision, constitutional basis, U.S. President, officials.


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