To protect the nation against terrorism, the President proposed the enactment of legislation that would authorize the Secretary of Homeland Security ("the Secretary") to issue "National Security Requests," which would require businesses to produce the personal and financial records of their customers to the Federal Bureau of Investigation ("the FBI") without a warrant. Congress rejected the proposal. Thereafter, in response, the President issued Executive Order 999 ("the Order"). The Order authorizes the Secretary to issue "National Security Requests," which require businesses to produce the personal and financial records of their customers to the FBI without a warrant. The Order further authorizes the Secretary to require state and local law enforcement agencies to assist the FBI in obtaining the records. Concerned about acts of terrorism that had recently occurred in State X, the State X Legislature passed the "Terrorism Prevention Act" ("the Act"), requiring businesses in State X served with National Security Requests pursuant to the Order to produce a copy of the records to the State X Department of Justice.

1. Is the Order within the President's authority under the United States Constitution?

2. Assuming the Order is within the President's authority, does the Order preempt the Act?

 

Answer rating: 100% (QA)

1 The legality of the Order under the United States Constitution depends on whether it exceeds the P... View the full answer