A possible Madisonian?

[RJLipkin at aol.com]

Is the administration's  argument(s) defending the executive branch's 
warrantless spying more or less  "activistic" (departing from prevailing interpretive 
constitutional and  statutory methodologies) than cases the administrative 
(probably?) deplores  such as Casey and Lawrence? That is, are these arguments  
examples of interpreting law or (unilaterally) making new law?
 
Bobby

Robert Justin Lipkin
Professor of Law
Widener  University School of Law
Delaware
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