The Supreme Court won't review a case put forth by the ACLU to look at the domestic wiretaps program objectively.
The constitutionality of the program can only be determined by a "victim" of the program, someone who actually suffered harm (wrongful surveillance, wrongful prosecution, etc.) under the statutes of the program, but "national security" allows them to never actually have to reveal to ANYONE who they actually surveyed. They never have to actually get a warrant, and never have to actually show evidence for suspicion, in order to wiretap your international calls. They can just listen AT WILL and nobody else ever has to know.
If you can't prove you were a victim, you can't challenge its authority, and if they don't tell you (by virtue of a warrant) that you were a victim, you can't prove it. Thus, the authority is perpetually unchallengeable.
Thanks for throwing checks and balances out the window, bastards. Thanks for totally undoing the ENTIRE POINT of judicial review.
Why did those pesky constitution writers, much less the Marshall Court, even bother?
The constitutionality of the program can only be determined by a "victim" of the program, someone who actually suffered harm (wrongful surveillance, wrongful prosecution, etc.) under the statutes of the program, but "national security" allows them to never actually have to reveal to ANYONE who they actually surveyed. They never have to actually get a warrant, and never have to actually show evidence for suspicion, in order to wiretap your international calls. They can just listen AT WILL and nobody else ever has to know.
If you can't prove you were a victim, you can't challenge its authority, and if they don't tell you (by virtue of a warrant) that you were a victim, you can't prove it. Thus, the authority is perpetually unchallengeable.
Thanks for throwing checks and balances out the window, bastards. Thanks for totally undoing the ENTIRE POINT of judicial review.
Why did those pesky constitution writers, much less the Marshall Court, even bother?