Entry7- Amendment 4

1) Source:
Foreign Intelligence Surveillance Act (FISA)
September 16, 2010

http://topics.nytimes.com/top/reference/timestopics/subjects/f/foreign_intelligence_surveillance_act_fisa/index.html?scp=5&sq=search%20without%20warrant&st=cse

2) Constitutional Connection:

Amendment 4:

"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."

3) Explanation for Connection :

There was an act created in 1978 called the Foreign Agency Surveillance Act (FISA). This act was created to keep the surveillance of people in the U.S. in check and make sure it was being used properly. There was also a special court called the FISA court. They were in charge of hearing the requested warrants for surveillance, such wire tapping and eavesdropping, and allowing these warrants if they thought they were necessary. After 9/11, “Bush ordered an expanded program of surveillance by the National Security Agency", and he did so without the consent of FISA. This is an example of an executive order. Essentially, the government was using warrantless wiretaps. In 2008, some of the things that this program was doing were legalized, and Obama now relies on them in the war against the Al Qaeda. On March 31, 2010, it was ruled that the program was illegal.

This is related with the 4th amendment because it protects our "persons, houses, papers, and effects, against unreasonable searches and seizures" unless a warrant is issued. What Bush did, authorizing surveillance of the people in the U.S. without a warrant from FISA was illegal. They were searching people for illegal activity without the permission to do so. FISA was created as a form of checks and balances. They were supposed to make sure that the government didn't abuse surveillance, such as wire tapping. But, if Bush uses his executive order to bypass was set forth as the law, he is violating the 4th amendment.

I think that the federal judge was right to rule the National Security Agency's Program was illegal. It was obviously in violation of the 4th amendment. If laws aren't followed, especially if not by the government who created them, then there is no purpose to them. Under no circumstances should laws be broken. I can’t imagine what it would be like if the 4th amendment wasn't created. We would have no hold over our possessions and they could be confiscated without reason.