Senate deal with White House violates Constitution

[mariecurie]

We don't see that this is much of an improvement. Before, there were eight members of Congress in the loop. Now there will be 14.

Apparently, however, the NSA could conduct surveillance for 45 days without a warrant of any kind. If it decided to go beyond that period, the attorney general would have to certify that the warrantless snooping was necessary to protect the country and explain to the subcommittees why a warrant has not been sought. The attorney general would have to update this information every 45 days.
This is not reassuring. Remember, this would be the same same
attorney general, Alberto Gonzales, who argues that Article II of the Constitution, which makes the president commander in chief of the armed forces, combined with the congressional resolution to fight the war on terror, is all the authority President Bush needed to launch warrantless eavesdropping on people in the United States.
We don't buy that insupportable argument, and we don't believe any American who treasures civil liberties and the separation of powers should, either.
Besides, the Constitution requires that warrants be obtained from the courts. We do not see how informing congressional committees that the NSA is violating the Fourth Amendment solves anything or holds the executive branch to the letter of the Constitution.
It is the courts, not Congress, that decide probable cause and whether the law has been broken.
That's in the Constitution, too.
http://www.sltrib.com/opinion/ci_3587366

[Atman]

1. Welcome to DU, madame Curie!

Good post.

[IsItJustMe]

2. It's a damn joke.

[spindrifter]

3. A great meme:

this is the administration that wanted to remake the Constitution--rejecting the separation of powers. People need to remember that courts are supposed to issue warrants--and not after they have been rubber stamped by a committee. It all smacks of Congress and the courts just rolling over like trained dogs.

[Daphne08]

4. Great editorial!

Of course, the Patriot Act ALSO violates the Bill of Rights, therefore, I don't imagine most of our sainted Senators and Representatives really give a damn about this spying deal either.