General Discussion
In reply to the discussion: I Am Beyond Sick/Tired Of Being Called An "Authoritarian NSA Apologist". [View all]JDPriestly
(57,936 posts)It VIOLATES THE FIRST AMENDMENT because it chills our speech and our right to a free press. It is intimidating. People who have new ideas or who question "the system" will think twice before publicly expressing their opinions on the internet. That is proof that it will chill speech.
Because it is secret and wholly within the executive branch, it VIOLATES THE CONSTITUTION'S FUNDAMENTAL CONCEPT OF SEPARATION OF POWERS -- THREE CO-EQUAL BRANCHES OF THE GOVERNMENT.
It gives to the executive the ability to obtain all kinds of information about Americans and trade and corporations, all kinds of information to which the other branches of government are not allowed to obtain and have no means to obtain. It permits the executive branch to acquire power over the legislative and judicial branches in that the executive branch can place the communications of our judges and legislators under surveillance without the knowledge of the judges or legislators and thus interfere in our democratic processes. Of course, the program also permits the executive to have superior knowledge about the communications of all involved in the political process and all who inform or express opinions to the public (journalism).
So, the program is not constitutional. It may be temporarily legal, but it is not constitutional in my view. So far, no one has successfully refuted my arguments on this.
The program is unconstitutional. It may take many years for the Supreme Court to squirm its way to agreement with me. But I am right on these points. I just hope that our republic, our democracy hangs together long enough for the Supreme Court to express its agreement with me.