Why the NSA scandal belongs squarely in President Obama's lap

[Savannahmann]

74. The Constitution applies.

In this case, the 4th Amendment. The 4th Amendment says The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

So what crime is being investigated? The Warrant does not say. Who is to be served the Warrant? Verizon is this released instance. But Verizon is not the target of the investigation, everyone who uses a cell phone company is. All of our movements which are tracked by the E-911 system are logged, which tower you are currently nearest to at the minimum. What numbers you call, what text messages you send, what data you transmit and receive, in other words what web pages.

Are you or I accused or suspected of a crime? No. Does it help prevent terrorist attacks like the one in Boston? No. So what does it do? It erodes our civil rights. Rights our founders felt important enough to spell out to each of us. The Equal Protection clause of the old document is the foundation we use to argue for Equal Rights for GLBT individuals. It is hardly an ancient document, and while we are not in the horse and buggy days, the data the Feds want is available, for anyone they want, providing they have a proper warrant that lists the person being investigated, and what information is thought to exist.

All of us are not suspects, and we should not have to sacrifice our civil rights for the illusion of security. Boston proved that tens of thousands of homeland security agents don't make us safer. All the little old ladies who got patted down at the airport by TSA goons did nothing to protect us.

The fourth amendment matters, and as soon as we decide it doesn't, we have no defense against any police or federal agent going anywhere he/she wants and demanding any information they want. In this scenario, we would be guilty until proven innocent, an idea I will eschew without hesitation.

I have railed against the PATRIOT ACT as long as I have understood what it does. The fourth, fifth, and sixth amendments matter. So long as we the people demand that they matter. We can sit down and take this, or we can stand up and shout at Washington until they fix it and stop abusing our rights. We choose them for their jobs, and we are the bosses of this Government. Otherwise it is not a Government of, for, and by the people. It is England, where all rights are derived from the grace of the King. We may trust Obama with this outlandish power more than Bush, but who is to say who comes next?

Imagine Rand Paul with this kind of power. Or worse, another Bush in the form of Jeb. Imagine the damage they could do. Romney would have been bad, but I can think of a lot of people who would have been worse. What we are fighting for is not just the present, but limits on the next President. We can hope that a Democrat wins, and we can hope that Democrat is wise and judicious. We must always remember that the next President could well be a Republican, or a DINO with dreams of power that would shock Stalin. If we give them an inch, they take a mile. Don't give up the inch.