Unconstitutional FISA Opinion Essentially Merges The Judicial And Executive Branches With The Executive In Charge
This is absolutely amazing (The New York Times). Predictably, Ed Morrissey of Hot Air defends this so-called “PROGRAM” by applauding the FISA Court’s rare public, Darwinian ruling, which, basically, says everything soon-to-be FORMER (thank God) President “Surge” W. Bush and the telecoms have done to usurp our 4th Amendment Civil Liberty and yep, even the FISA Court itself, is “LEGAL”. Mr. Morrissey begins his column with the words, “Hmmm. This should really enrage the Left.” My response? “Hmmm. This should really enrage the Right.”After all, isn’t it the Right who claims to be “The Party Of The Strict Interpretation Of The United States Constitution”? Answer: YEP. What makes Mr. Morrissey’s response, joined of course, by other so-called “Strict Constitutional Constuctionist Right” bloggers, so nutty is the fact that this ruling essentially removes the need for the FISA Court in the first place. That’s right — who needs ‘em if they themselves say the Executive doesn’t need ‘em? Fine — I’ve never thought a “secret court” was Constitutional in the first place and at least NOW they’ve gone ahead and ruled themselves to be “irrelevant”. Fine then — tear down their walls and send the secret judges and their support personnel to the free soup line NOW.
Next, these “sheep” of the Right are accepting for a FACT the claim by this claim by the FISA Court ruling:
“… It found that the Protect America Act did not violate the Constitution because the Fourth Amendment, which prohibits unreasonable searches and seizures, contained an exception for the collection of foreign intelligence information. …”
Why would I refer to these normally-intelligent bloggers whom I normally admire despite our disagreements “sheep”? Obviously because when you take that little “snippet” and accept it to be fact without doing a little bit of fact-checking first, you remind me of the “sheep” in the George Orwell classic “Animal Farm“. If you recall, and/or if you’ve never read the book, the pigs in power kept adding to the seven simple statements making up the animals’ “constitution” at the farm and the “sheep” kept believing they must have just missed it or forgotten it was in the original document in the first place.
As our friend, The Heretik puts it, read the damned thing (our 4th Amendment) my words, not his) in its entirety:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Okay, my “Strict Constructionist Right” friends and FISA jerks — where is that little part about “foreign surveillance”? Show it to me, please. Can’t do it? Fine, then PLEASE stop calling yourselves “Strict Constitutional Constructionists”, please — you’re NOT. Not at ALL. Oh, and while you’re at it (Right) — PLEASE stop whining about “Activist Judges” — you’re embracing the most glaring of “Activism” of “Justice” legislation from the bench I’ve ever witnessed, and that’s SAYING something, folks.
Frankly, I’m surprised this so-called “ruling” hasn’t effected the same bipartisan OUTRAGE in the Blogospheres the Eminent Domain case did. It damned well SHOULD have.
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9:44 pm on January 15th, 2009 1
[...] GunTotingLiberal is outraged by this continuation of 200 years of interpretation involving executive war powers. GTL sees this as a failure to interpret the Constitution “conservatively” or “strictly.” Just because the words “national security” are not mentioned in the Fourth Amendment doesn’t mean the founders meant to subject national security decisions to the Fourth Amendment. I sometimes respect this blogger but that’s a childish interpretation and completely misconstrues the philosophy of the people like Justice Scalia and Justice Thomas. They look to the original intent which is made abundantly clear by the Federalist cited above. [...]
10:11 pm on January 15th, 2009 2
George Orwell classic “Animal House“.
Do we mean Animal Farm?
Fat, drunk, and stupid is no way to go through life, son.
1:07 am on January 16th, 2009 3
Wow… you CAUGHT ME IN A TYPO!!! Congrats, Pops. I am neither fat or drunk… stupid though? Could be something we BOTH have in common