Boston Globe: Hillary answers questions on the power of the Presidency.

[Karmadillo]

http://www.boston.com/news/politics/2008/specials/CandidateQA/ClintonQA/

1. Does the president have inherent powers under the Constitution to conduct surveillance for national security purposes without judicial warrants, regardless of federal statutes?

No. The President is not above the law.

2. In what circumstances, if any, would the president have constitutional authority to bomb Iran without seeking a use-of-force authorization from Congress? (Specifically, what about the strategic bombing of suspected nuclear sites -- a situation that does not involve stopping an IMMINENT threat?)

The President has the solemn duty to defend our Nation. If the country is under truly imminent threat of attack, of course the President must take appropriate action to defend us. At the same time, the Constitution requires Congress to authorize war. I do not believe that the President can take military action – including any kind of strategic bombing – against Iran without congressional authorization. That is why I have supported legislation to bar President Bush from doing so and that is also why I think it is irresponsible to suggest, as some have recently, that anything Congress already has enacted provides that authority.

3. Does the Constitution empower the president to disregard a congressional statute limiting the deployment of troops -- either by capping the number of troops that may be deployed to a particular country or by setting minimum home-stays between deployments? In other words, is that level of deployment management beyond the constitutional power of Congress to regulate?

No. Although Congress cannot change the President’s role as the Nation's Commander in Chief, the Constitution expressly gives Congress war powers, including the power to raise and support armies and to establish rules and regulations to govern them. These powers, among others, give Congress the authority to cap the number of troops deployed as well as set minimum home-stays. Similar limitations have been passed throughout our country's history and Presidents have adhered to them.

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