According to an article published yesterday Techdirt, experts increasingly weigh legal in the NSA surveillance program . The last, Randy Barnett, professor of constitutional law at Georgetown, who wrote a whole book on the subject, is a very detailed explanation of how the NSA surveillance program is unconstitutional on several levels.
Barnett explains some of the history of the 4th Amendment, and how it was originally designed to allow citizens' juries to determine whether a search was reasonable, because the founders of the country not trust judges to "keep jealously liberties of the people." were, however, over time that is constantly moved, as enforcers of the law were made immune from civil lawsuits and more judges had more power over whether or not these searches were reasonable. In addition, he notes how hoovering up almost all metadata is quite similar to (I would say, in many respects worse than) the "general good" issued by the Britsh crown, which was trying to colonial America out of things like the 4th amendment.
continues to stress that the secret of these programs, it's all much worse, and unconstitutional to another level as well, where the government is supposed to serve the people, rather than the reverse.
It seems interesting to note that many of these reasons, and more reasons that others have presented well. Yet, to date, we have seen in person the government offers a serious justification for why the programs are constitutional in any way, other than a single 1979 Supreme Court decision about shaking the hand "doctrine third, "which requires a real exaggeration to claim that allowed the kind of dragnet surveillance requires today
Read this article in full at Yet Another Constitutional Scholar why the NSA surveillance is unconstitutional. - Techdirt
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