Seems like a slow news day, so I thought I’d throw a little constitutional mind teaser out there. The Secret Service is charged by Title 18 Section 3056 with presidential protection, which includes keeping people who haven’t been screened beyond a security perimeter that’s established by the Secret Service. Now, in the District of Columbia, or on federal property, the Congressional power to authorize this is abundantly clear. But by what power does Congress authorize the Secret Service to establish a security zone around the President?
I think a case can be made, but I’m curious what other people think. Does the power to establish a security zone around the President extend to creating Free Speech Zones? Such as the one at the Democratic Convention in Boston in 2004. Have your say in the comments. I’ll update the post later with my view on the constitutionality of Presidential, and other dignitary protection.
UPDATE: I think the power can be derived from the Necessary and Proper clause. In order to carry out the executive functions authorized by Congress under its Article I powers, your Chief Executive has to be alive. One could argue then that it’s Necessary and Proper for the Congress to authorize the Secret Service to create a security perimeter around the President, and those close to the Presidency. I also believe, but am not certain, that the Secret Service is authorized by Congress to seek voluntary, compensated cooperation with the local authorities, who can erect cordons using the state police powers to effect the same thing.  At least that’s my take on the constitutionality of it. I have no idea whether there are any court cases on the matter, but I think it’s pretty clear it would be a proper use of the Necessary and Proper clause.
UPDATE: The Neccessary and Proper rationale becomes a lot murkier when you’re talking candidates for office. The public may be horrified by the idea of another RFK, but a candidate is not an organ of government. But the Secret Service can still request that the local authorities exercise their police powers to accomplish the same thing.