We Can’t Count on Congress to Stop Unconstitutional Spying

The events of 9/11 radically changed the way the US combats foreign threats such as terrorism. Ultimately, through Edward Snowden’s revelations, we’ve learned that the NSA is destroying privacy and Constitution protections. Faced with public opposition, politicians in D.C. responded with a “fix,” known as the USA Freedom Act. But to actually pass it through committee, it was amended to appease the intelligence committees in both the House and Senate, proving yet again that we cannot depend on federal fixes.

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Don’t Count On the Courts (Or Congress Either)

Georgetown University Law Center professor Randy Barnett nailed it in a short post on the Volokh Conspiracy Blog this week.

Much as I believe that the NSA bulk data seizure program is unconstitutional because it is an “unreasonable” general warrant, the preferable remedy would be a congressional fix. Moreover, I agree that we should never count on the courts to save us.

Barnett crams a lot of truth into a single sentence.

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