Access To Court Records

In a national emergency, the president should be able to obtain extraordinary permission from the Supreme Court to “temporarily” circumvent a law.

However, should Congress elect Federal Judges who have top-security clearance and grant them unrestricted access to all the president’s communications to warn the president that something he (or she) is planning to do is not constitutional?

These special judges would listen in-person to everything the president says in the performance of his (or her) duties, and to everything others tell the president officially; they would also review all the president’s documents. To eliminate error or controversy, government technicians would record all the president’s official communications and save them in secret databases.

If the president executes an unconstitutional action, the judges would report it to Congress and the Supreme Court, and both branches would listen behind closed doors to the recordings as part of their investigation.