General Discussion
In reply to the discussion: Transcript of the Edward Snowden portion of my show this week [View all]stevenleser
(32,886 posts)First off, you make the assumption that appellate decisions stopped with Duggam in 1984. They haven't and have continued to affirm the Presidents powers here and the Constitutionality of FISA right up until now. The reason I like to cite Duggan is because it lays it out there quite well.
Appellate courts continue to reaffirm those things staking into account t how technology has changed.
Your attempt to assert why the 4th amendment should trump article two is also horribly flawed. Reading the Duggan decision and similar ones like Keith explains it well. The definition of unreasonable search and seizure and the hurdles the executive branch has to jump over are different for national security surveillance versus regular criminal matters. That's how the Appellate courts balance the requirements of the fourth amendment and the Presidents duty to keep the country safe.
You need to go back and read that decision, the particular paragraph I have cited over and over again, and the five paragraphs right after that one. If you need me to do so, I can link it again and paste those pieces. On Edit, see my #48 above. It's all there.