May 2, 2006 By Alison Hawkes For The 3 min read

HARRISBURG – U.S. Sen. Arlen Specter (R-Pa.) said Congress is not asserting itself enough to counterbalance the power of the presidency when it comes to intelligence spying on Americans. “We regrettably have a Congress which is more concerned with raising money, being re-elected, and controlling the House and Senate than asserting congressional prerogatives,” said Pennsylvania’s senior senator in a meeting with state Capitol reporters Monday.

Specter, who chairs the U.S. Senate Judiciary Committee, has been critical of the National Security Agency’s domestic spying program, saying it is illegal because intelligence officials have not secured the necessary court orders under the 1978 Foreign Intelligence Surveillance Act to wiretap Americans.

Specter said he also doesn’t believe Congress has been fully informed, as legally required, about the program and so therefore has little ability to regulate it.

Last week, Specter introduced an amendment to an emergency war-spending bill to cut off the NSA program’s funding. But he continued to say Monday that he personally does not support it just yet and considers it a measure of last resort.

“There would have to be substantial support in Congress and that would have to be reflected in a very substantial support among the American people and I do not see that,” Specter said. “The ultimate recourse may be to use the congressional power of the purse. I put that out as a trail balloon.”

He said the public has not grasped the magnitude of the issue of domestic spying, as they have with the Patriot Act, legislation that expanded federal powers to track down and prosecute terrorism on U.S. soil.

“We have the authority to regulate the Army and Navy and national defense” under the Constitution, said Specter. “And that gives us the power of regulation of this program, but … we have a situation regrettably where the Congress has not asserted its congressional authority.”

On other matters, Specter said he predicted an immigration bill passing soon. But he said he doesn’t see that the massive demonstrations across the country Monday and in recent weeks will have much impact.

He said he doesn’t believe Congress will go so far as to criminalize undocumented workers with felony charges, but does see tougher border control and a process in place for citizenship for those who pay a fine, back taxes, learn English, stay employed for a period of time, and “go to the end of the line” to become naturalized.

“We should never forget we are a nation of immigrants,” he said.

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Alison Hawkes can be reached at 717-705-6330 or ahawkes@calkins-media.com.