A Needle in a Haystack
If you were looking for a needle in a haystack, simple logic would tell you that the smaller the haystack the likelier you are to find the needle. Except for the government.
Since Edward Snowden revealed the federal government's unlawful and unconstitutional use of federal statutes to justify spying on all in America all the time, including the members of Congress who unwittingly wrote and passed the statutes, I have been arguing that the Fourth Amendment prohibits all domestic spying, except that which has been authorized by a search warrant issued by a judge. The same amendment also requires that warrants be issued only based on a serious level of individualized suspicion backed up by evidence — called probable cause — and the warrants must specifically identify the place and person to be spied upon.
Because these requirements are in the Constitution, which is the supreme law of the land, Congress and the president and the courts are bound by them. There is no emergency or public safety or wartime exception to them. These requirements cannot be changed by legislation; only a constitutional amendment, ratified by the legislatures of 37 states, can do so.
All of this is what lawyers and judges call black letter law — meaning it is well-understood, has not been seriously challenged and is nearly universally accepted. Except by the government.
The government — which thinks it can right any wrong, tax any event, regulate any behavior and interfere with any right — also thinks it can keep us safe from the terrorists among us by cutting constitutional corners, which it has done many times since 9/11. Among the constitutional corners it has cut is unleashing its 60,000 domestic spies upon us with orders to disregard the constitutional requirements for spying on Americans and gather all the data about us that they can by listening to phone calls and reading emails, as well as gathering the banking information, credit card information, utility bills, postal mail and medical records of everyone in America, without regard to individualized suspicion.
The government's behavior is premised upon the false belief that it can morally and constitutionally interfere with our natural right to privacy without due process and upon the absurd belief that surrendering personal liberty somehow keeps us safe.
As we know from the tragedy last week in San Bernardino, California, the government's strategy and practices failed to keep us safe. The governmental failure at San Bernardino was the confluence of a state government with antipathy and animosity toward the natural right of self-defense and a federal government attempting to devour far more data than it can handle.
Read more at https://www.lewrockwell.com/2015/12/andrew-p-napolitano/surveillance-lies/.
