G.O.P. Senators try to make 45 day exception to 4th Amendment


Link: G.O.P. Senators Say Accord is Set on Wiretapping

The proposed accord with the White House would seemingly avoid the issue of blatantly unconstitutional behavior by the Administration by retroactively creating a 45 day period in which the President could spy on Americans suspected of association with an unspecified list of terrorist organizations. A 7 member subcommittee (with 4 votes no doubt going to Senate GOP members) would oversee the program.

The deal would give the President a free hand to spy on any American for up to 45 days with no prospective oversight and no need for any warrant. In essence, the GOP wants to give the President a 45 exception to the 4th Amendment.

This ‘deal’ is no deal at all. It is a naked abdication of the constitutional duty of Congress to ensure that the Administration faithfully executes the laws of this nation, including the 4th Amendment and FISA.

The Administration’s argument, widely derided by serious constitutional scholars, avoids the issue of the 4th Amendment altogether, instead relying on ‘inherent’ powers stemming from the President’s authority over foreign affairs. Sounds like emanations and penumbras to me… Regardless of what deference the President might be due in conduct of foreign affairs, no power granted by the Constitution gives him the right to violate another part of the Constitution. The President’s foreign affairs power must be squared with the very explicit command that people be free from unreasonable searches and seizures without a warrant issued upon probable cause.

The President’s flimsy excuses seek to eliminate Americans’ constitutional rights, and the Senate GOP’s ‘accord’ also fails to protect those rights. Instead, they would simply hold the force of the 4th Amendment in abeyance for 45 days to satisfy an over-reaching and jingoistic Administration, drunk on its own power. Democrats, and every Republican who still believes the Constitution is a higher authority than George W. Bush, must say "no" to this ‘accord’, which is nothing less than capitulation to lawlessness and the thin edge of a wedge of tyranny.


  1. Although Francine and I disagree on the enhanced ability of Law Enforcement to track terrorists by use of the Patriot Act ; I think it should be pointed out who is listening and reading your blog, not just relying on “BIG MEDIA ” and sensational “RAG NEWSPAPERS” that hipe and mis-quote both of us to demean our campaigns,as portayed in The Arizona Republic,as both my Campaign and Schacters are doomed to loose because of a tradition that “MONEY RULES!”
    “THE DEMONIZATION AND THE END OF CIVIL DEBATE IN AMERICAN POLITICS,” is what Ms. Schacter and I are in agreement on!
    As Chair of The Committee To Elect I will continue to hold accountable ,local,State and Federal Elected Officials as I have my whole life and have been able to sway their opinion,as with two issues most recently; The Sabino Canyon Lion Killings which I prevented with the help of Governor Janet Napolitano,and Putting The National Guard on the Border to Aid the Border Partol and The INS and The Department of Homeland Security which the Democratic Party Platform directed Law Enforcement and the Courts to ignor enforcement of the Laws now on the books which brought us to having to enact even more laws (The Patriot Act) because of a lack of enforcement abilty and will of Law Enforcement to even get involved! Governor Janet Napolitano did a 180 degree turn on this as I continued my Campaign to remove Jim Kolbe and Put the Guard on The Border before anyone in my Party would even talk about the issue now a fact!
    The Aspen Fire in Tucson was another behind the scenes issue that I was in direct communication with President George Bush and recieved a call from him from Air Force One as he flew over Oro Valley at my request viewing the “Lava Flows of Soot” that now came off the Mountain as a result of loss of vegitation and floods that killed the Editor of the Oracle News Paper as he slept;the day he flew to Tucson and spoke at Inspiration Point outlining “Failed Forest Policy,” and thanking me of my involvement in The Aspen Fire on Mount Lemon that brought to light the need to correct “Failed Forest Policy,” that prevented thining of the forests by enviornmentalists making our Nations Forests blighted and prone to forest fires!
    I have had many occations in the past 50 years to speak to Congressman,Senators and Presidents on both sides and persisted until they responded to my requests, that directly impacted the citizens of Arizona! It is that “Arizona Experience ,” that is necessary to know what Arizona as a State must do to plan for future growth that will include “BLACK-OUT AREAS,” due to a lack of water and “FAILED LAND USE POLICIES!”

  2. Watch Senator Jon Kyl,he has been trying for the last two years to insert parts of the Patriot Act into The United States Constitution! As I support “Features” of the Patriot Act to aid Law Enforcement as we confront a War;I do not support those “Features” to be inserted into the Constitution ending forever oversight by The Congress!

  3. Ted Kennedy’s father,The Ambassador to England during the second World War told F.D.R. that Hitler was no threat to the United States or its neighbors,just days before he invaded,the same is true with Iraq a war fought in 1918 under President Wilson who wanted no part of the spoils of the Ottoman Empire and let England draw the boundaries that are now causing the tribal Iraqi nomatic people to revolt against each other.

  4. This is the most serious question we are faced with today. Each candidate for Congress and Senate should be prepared to answer with a resounding NO!Please consider this mine! Throughout this miserable period of time when we are witnessing the sustained effort on the part of the Republican President and his allies in Congress, I have been wondering what has happened to righteous indignation? Why aren’t people rising up and saying NO! Where is the press (with the exception of MSNBC Keith Olbermann)? Instead, there is barely even a whimper and that is very, very scary to me. I remember Hitler in Germany. I remember the McCarthy era. Where is everyone else with those memories who should stand up and scream out – STOP!