Reading Room Document
Effect of Repeal of Emergency Detention Provisions of Internal Security Act of 1950 on Presidential Power to Detain
The document discusses the potential impact of repealing the emergency detention provisions of the Internal Security Act of 1950 on the President's power to establish similar procedures through Executive Order. It raises questions about whether the President would have the authority to carry out the same procedures without the authorization of Congress. The document also provides a detailed summary of the procedures outlined in sections 811-826 of the Internal Security Act and examines the President's power in the event of the repeal of these provisions, highlighting the potential implications of Congress's actions on the President's authority.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit