Restore Judicial Oversight to Domestic Surveillance

By Sonnett, Neal R. | Judicature, July/August 2007 | Go to article overview

Restore Judicial Oversight to Domestic Surveillance


Sonnett, Neal R., Judicature


President's Report

The editorial in this issue calls for legislation to restore the right to habeas corpus for Guantanamo prisoners in the Military Commission Act of 2006 and maintains that, by stripping courts of habeas jurisdiction, "the administration and the Congress have put at risk both the separation of powers and the Rule of Law." No wonder one United States senator called passage of the MCA the "worst vote in the last twenty years."

Unfortunately, that record for the "worst vote" may have already been broken by the late night passage of amendments to FISA, the Foreign Intelligence Surveillance Act of 1978, as Congress rushed to begin its August recess. This irresponsible legislation, misleadingly titled the "Protect America Act of 2007," has gutted important judicial oversight and checks and balances, and placed unwarranted power solely in the hands of the executive.

FISA was enacted in 1978 after a Senate committee uncovered evidence of extensive warrantless spying on American citizens by the NSA The law required prior judicial approval for all foreign intelligence surveillance that intercepted communications of U.S. persons and has been amended, at the administration's request, eight times since the 9/11 attacks.

Nevertheless, the President secretly authorized the NSA to eavesdrop on Americans inside the United States without court-approved warrants required by FISA, despite the shaky legal basis demonstrated by then-Acting Attorney General James Comey's refusal to authorize it and the now famous evening race by Alberto Gonzales and Andrew Card to the hospital bed of a weak and ailing Attorney General John Ashcroft to convince him to overrule Comey.

As a federal court prepared to hear a legal challenge to the NSA domestic surveillance program, the administration announced that it would henceforth follow the law, but after part of its program was rebuffed by the special FISA court, it proposed amendments to greatly diminish or completely exclude the essential role of the judicial branch in ensuring that national security is protected in a manner consistent with constitutional guarantees. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Restore Judicial Oversight to Domestic Surveillance
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.