How Can the States Provide Fourth Amendment Protection Against the NSA?

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How Can the States Provide Fourth Amendment Protection Against the NSA?

Friday, 15 November 2013 11:03
By Michael Boldin, Truthout | Op-Ed


In her 2004 Brooklyn Law Review article, Ann Althouse offered some powerful suggestions on how to resist "anti-terrorism" powers, such as the Patriot Act, and should be seen as a guide to resisting NSA spying:

The fight against terrorism has raised concerns that the federal government has overreached its legitimate power. Concerns about racial profiling, invasions of privacy, unreasonable searches, and infringement on free speech have fueled a political movement, led by groups such as the American Civil Liberties Union and the Bill of Rights Defense Committee (BORDC), urging state and local government to adopt resolutions directing their officials not to participate in at least some aspects of the antiterrorism effort.

More on applying this to the NSA in a moment. First, is this legal?

The Doctrine

The ACLU and BORDC resolutions against the Patriot Act (and subsequent ACLU-backed state laws refusing to comply with the 2005 REAL ID Act) were based on a widely accepted legal principle known as the "anticommandeering doctrine."

This means the federal government cannot require a state to carry out federal acts. The federal government can pass a law and try to enforce it, but your state isn't required to help them. ........................(more)

The complete piece is at: http://truth-out.org/opinion/item/20010-how-can-the-states-provide-fourth-amendment-protection-against-the-nsa