Federal judge: NSA phone data collection program unconstitutional

Sounds like the Judiciary is starting to realize what normal people have known all along: The government indiscriminatingly gathering data on what people are doing, who they are calling, etc. without a warrant, is a violation of the 4th amendment.

Chief Justice John Roberts has proven adept at rewriting laws and ruling them Constitutional. He might have a little more trouble rewriting physical actions, such as data collection, though. Might he simply rewrite the 4th amendment instead?

4th amendment:
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, unless the government official really, really wants to have the things to be seized, in which case it is OK.


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Judge: NSA phone program likely unconstitutional - Josh Gerstein - POLITICO.com

Judge: NSA phone program likely unconstitutional

by JOSH GERSTEIN
12/16/13 1:36 PM EST
Updated: 12/16/13 3:51 PM EST

A federal judge ruled Monday that the National Security Agency program which collects information on nearly all telephone calls made to, from or within the United States is likely unconstitutional.

U.S. District Court Judge Richard Leon found that the program appears to violate the Fourth Amendment ban on unreasonable searches and seizures. He also said the Justice Department had failed to demonstrate that collecting the information had helped to head off terrorist attacks.

“I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying it and analyzing it without judicial approval,” wrote Leon, an appointee of President George W. Bush.

The sad part about this news is that it will actually be news to some people. Many of us didn't need a judge to weigh in to know that the extensive spying is unconstitutional.

Maybe now a judge will rule on the ability of government to arrest people without warrants and hold them indefinitely without allowing them to call a lawyer. Oh, and then there is the killing of people without proof, charges or a trial. Didn't Obama recently comment that he was really good at killing people?

So, yea, we all know the government has reached a level of dictatorship that our forefathers intended to avoid. If only politicians of today understood all the reasons for our constitution. Maybe they do and just disagree that people should have freedom and liberty instead of a tyrant to control them.

What concerns me at this point is what the government intended to do with the information collected through this illegal spying. Considering they extended the definition of a terrorist to mean anyone against a socialist agenda, the real patriots should have reason to fear government. Really, ex-military, gun owners, constitutionalists, those who speak out against big government and those who want our immigration laws upheld made the list of potential threats. (not to the nation, only to the current radical regime) While the left isn't afraid to bash anyone on the above list, they refuse to even talk about radical Muslim terrorists. They don't hesitate to paint all gun owners with the same brush and protesters carry signs blaming the NRA for school shootings, yet after countless terrorist attacks, they still defend all Muslims and get angry if they think others have become leery of Muslims. Only the right can be lumped in one group and impugned. They like grouping people and are apparently incapable of judging on a case by case basis. That individual stuff confuses them.

We know how the left adores communist dictators. And those dictators, who routinely murder political enemies, are rarely criticized by the left. Obama would rather shake their hands than openly oppose them. We know damn well that dictators, past and present, find ways to learn what people are thinking and saying. And they don't tolerate people saying things against them. It's not allowed and the people who speak out are often murdered.

The Obamabots would ask us to trust Obama with everything, from our most personal information to how we live everyday. Sorry, that will never happen and that level of trust has never been warranted or given to any dictator. Castro would tell us that his people worship him, but the truth is that people are living scared and afraid to go against any evil regime.

Knowing that our government now has authority over our lives that any tyrant would envy doesn't make me feel safer. Government is too inept and corrupt to entrust with such power.

Now the question is what will be done about this unconstitutional spying by government? Any other person would be tried and put in prison. I'm sure the politicians will just have to say they'll change and things will continue. Never any punishment doled out for criminal regimes.

This is all a great example of Obama's narcissism. He thinks his administration has a right to know virtually anything about the people, yet he paid big bucks to lawyers to seal all of his own records. Maybe that was the first place NSA should have started IF the goal was to make the country safer.

You really are a dipshit. This has been going on since nixon. The only real difference is scale. 9-11 made this go into hyper drive.
 
The government has not had the abilitt to conduct this kind of surveillance since Nixon.

Someone should order PRISM dismantled and those storage facilities leveled to the ground.
 
Warrentless wiretaps.
Blanket searches.
Secret courts.
Shadow judges.
Star Chambers.
Prisoners kept incommunicado.
Police going house to house in search of terrorists.

And it's all being done in the name of freedom.

You want to know what tyranny looks like? It's here.

^^^^^^^^^^^ :beer: ^^^^^^^^^^^^^^
 
The biggest concern I have with the Nsas abilities is the potential to affect elections from federal to state. As corrupt and ruthless as the Obama administration is all it would take is a Lois Lerner or a Snowden at the NSA and any indescretion by someone's opponent(ie obamas senatorial race) could be used to change the outcome of elections. And as obamas reelection has shown, it doesn't matter how criminal the activity is as long as it is only uncovered after the votes have been counted
 
Dont' count on the COURTS to protect us or our "rights"

Protecting people and their rights has never been the primary motive of our judicial system.

Now believe me if the government was violating PROPERTY RIGHTS, THE COURTS WOULD BE ALL OVER IT.

But people?


Please don't make me laugh.
 

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