Opinions

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Title Headnotes
Legal and Practical Consequences of a Blockade of Cuba

The President has the power to establish a blockade of Cuba under the laws of the United States without further congressional action.

A blockade may be unilaterally established by the United States under international law but its establishment may be questioned within the Organization of American States and the United Nations. In addition, such a blockade could be regarded by Cuba and other Soviet Bloc nations as an act of war.

Authority Under International Law to Take Action If the Soviet Union Establishes Missile Bases in Cuba

In the event that missile bases should be established in Cuba by the Soviet Union, international law would permit use by the United States of relatively extreme measures, including various forms and degree of force, for the purpose of terminating or preventing the realization of such a threat to the peace and security of the western hemisphere.

An obligation would exist to have recourse first, if time should permit, to the procedures of collective security organizations of which the United States is a member.

The United States would be obliged to confine any use of force to the least necessary to the end proposed.

Authority of Congress to Regulate Wiretapping by the States

Congress has authority under the Commerce Clause to regulate state wiretapping practices by prescribing a rule of evidence in state courts, limiting the authority of state officials to tap wires and to disclose and use information thereby obtained, prescribing the grounds and findings on which a state court may issue wiretap orders, and directing state courts to file reports with federal officials.

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