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A al harmane cairgs and senator specter and i have discussed this. i mean, it's my understanding that what the judge did here was find the terrorist surveillance program illegal, and essentially say that the plaintiff was entitled to damages from the government. so i guess the question might be whether that case goes up to the supreme court or not. but but clearly, the judge here dealt with something that was outside of the scope of law, which was the terrorist surveillance program and made a finding that it was, in fact, illegal. >> i believe that that is what the judge said in that case, and...

Youngstown analysis, which would be what congress has done, where congress has authorized the president, where congress has said nothing, still another, where congress has specifically barred the activity in question, you're talking about a much, much higher bar for the president to jump over in order for the action to be found constitutional. >> thank you very much. if i might, let me go on to an environmental issue in the commerce clause. and as we all know, the commerce clause is used to legislate many different matters. i think the lopez decision struck all of us very hard. that was a deci...

Area would be the youngstown analysis, which makes very important what congress has done, where congress authorizes the president, it's one thing. where congress has said nothing, still another. where congress has specifically barred the activity in question, you're talking about a much, much higher bar for the the president to jump over in order for the action to be found constitutional. >> thank you very much. if i might, let me go on to an environmental issue in the commerce clause. and as we all know, the commerce clause is used to legislate many different matters. i think the lopez decisi...

This year. the al harman case and senator specter and i have discussed this. i mean, it's my understanding that what the judge did here was find the terrorist surveillance program illegal and essentially say that the mroif was plaintif entitled to damages from the government. so, i guess the question might be whether that case goes up to the supreme court or not. but, clearly, the judge here dealt with something that was outside of the scope of law, which was the terrorist surveillance program and made a finding that it was, in fact, illegal. >> i believe that that is what the judge said in th...