Obama Administration Removes Ban on Warrantless Surveillance of Americans

By:  Joe Wolverton, II, J.D.
09/10/2013
       
Obama Administration Removes Ban on Warrantless Surveillance of Americans

In a 2011 FISC decision, restrictions of the power of the NSA to conduct warrantless surveillance of Americans were removed at the behest of the Obama administration.

President Obama sought and obtained permission from a secret surveillance court to disregard previously enacted restrictions on the domestic, warrantless spying programs of the National Security Agency (NSA), the Washington Post reports.

According to sources cited in the story, in 2011, U.S. District Judge John D. Bates, former chief judge of the Foreign Intelligence Surveillance Court, issued an order “permitting the agency [NSA] to search deliberately for Americans’ communications in its massive databases.”

Also included in the order was an extension of the amount of time the NSA can store the electronic communication data it collects in the United States. Prior to the judge’s decision, such files could be retained for only five years; the limit was pushed back to six years by the terms of the ruling.

The order, the story claims, reversed an “explicit ban” on such unconstitutional searches imposed by the same court in 2008. These restrictions reportedly were “not previously acknowledged.”

A decision of this type would cause immediate and irreparable harm to the Constitution and the right of Americans — and all free people — to be free from unwarranted surveillance by agents of their own government.

What’s more troubling and tyrannical is the fact that none of these changes to exceptions to the Fourth Amendment was ever debated or passed by the people’s elected representatives in Congress. Rather, this fundamental civil liberty was repealed by a judicial appointee at the behest of the very department who sought the expanded authority.

When it comes to circumventing the Constitution in the name of “homeland security,” the Obama administration seems to follow the popular philosophy that it is easier to ask forgiveness than permission. Unfortunately, the Constitution doesn’t permit such departures from the road of republicanism.

In the spirit of “it depends on what the meaning of the word 'is' is,” President Obama and his Stasi-like surveillance apparatus play fast and loose with the definition of “target.”

As explained in the Washington Post piece:

Click here to read the entire article.

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