...concurring. has elsewhere made clear his view that such surveillance does not violate the Fourth Amendment, "if the President of the United States or his chief...authorized electronic surveillance as reasonable." 2 While two members of the Court have indicated disagreement with that view,3 the issue remains open.4...

...case." (389 US at 358 n. 23). Indeed, Mr. Justice White in a separate opinion urged courts "not [to] require the warrant procedure and the magistrate's...authorized electronic surveillance as reasonable" (389 US at 364, concurring opinion).9 See also the concurring opinion of Mr. Justice Stewart in Giordano...

...case." (389 US at 358 n. 23). Indeed, Mr. Justice White in a separate opinion urged courts "not [to] require the warrant procedure and the magistrate's...the United States or his chief legal officer, the At torney General, has considered the requirements of national security and authorized electronic surveillance...

...also in conformity with Justice Byron White's concurring opinion in the Katz case, in which he wrote: "We should not require the warrant procedure and the...authorized electronic surveillance as reasonable." The fact is that such wiretapping had been used at least since 1940, when President Franklin D. Roosevelt...

...n. 23. In his concurring opinion, however, Justice White took up the question and flatly asserted : "We should not require the warrant procedure and the...national security and authorized electronic surveillance ns reasonable." Id. 364. This logic is defective for the reasons discussed in connection with the Habinntrit:...

...n. 23. In his concurring opinion, however. Justice White took op the question and flatly asserted : "We should not require the warrant procedure and the...or his chief legal officer, the Attorney General. h«s considered the requirements of national security and authorized electronic scrvefunct as reasonable."...

..."Wiretapping to protect the seftjjrjty of the Nation has been authorized by successive Presidents. * * f. We should not require the warrant procedure and the...officer, the Attorney General, has considered the require^ ments of national security and' «uthorized electronic surveillance as reasonable." * 'v ;("...

...majority's footnote 23, Mr. Justice White indicated that such an inherent Executive power did exist: We should not require the warrant procedure and the...his chief legal officer, the Attorney General, has conskiered the requirements of national security and authorized electronic surveillance as reasonable....

...recognizing a "national security" exception to the warrant requirement for electronic surveillance, bill only if "the President of the United States or his chief...authorized electronic surveillance as reasonable." '* As of this writing, that is the only statement by any Supreme Court Justice declaring a national...

..."We should not require the warrant procedure and the magistrate's judgment if the President ... or the Attorney General, has considered the requirements,...authorized electronic surveillance as reasonable." 3811 • US 347, 364 (1967). In White's view there could be an absolute national security exception...