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> The NSA isn't an independent agency, it's a part of the US military chain of command under the Department of Defense and hence is under the direct control of the Command in Chief.

The NSA's existence, as well as some particular details of officers that it must have and its functions and duties, are mandated by Congress in Statute; see the National Security Agency Act of 1959 (and subsequent amendments thereto.) That it is within the military chain of command doesn't change this; Congress's power to do direct the structure of the military is an enumerated power in Article, Section 8. The designation of the President as Commander-in-Chief does not make the President unreviewed dictator of the military, it simply restricts Congress power over military organization such that the Congress cannot place authority to command the military within the regulations adopted by Congress in some other person than the President.

Congress's power to direct the existence, function, organization, and funding of agencies -- and the President's lack of Constitutional power to disregard Congress's directions on those matters and disband statutorily-mandated programs and agencies -- is not, contrary to your description, restricted to independent agencies. It absolutely does extend to federal executive departments, including the Department of Defense.




"The Act does not describe the functions of the National Security Agency (NSA), but deals with "housekeeping" matters such as pay and allowances, training, property acquisition, and leasing, It exempted NSA from the requirement to provide detailed information regarding organizational and functional matters to the Civil Service Commission (the predecessor of the Office of Personnel Management)."

The NSA is the only Agency that it's mission is dictated by the Executive Branch.


I didn't think this comment would blow up so much. Thank you for clarifying my point. I should have cited sources, but NSA specifically literally directly serves the POTUS. He can _literally_ shut it down tomorrow, among other things.




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