The secret court called FISA said the NSA’s programs of spying on citizens is constitutional, the proof is below:
On Tuesday, the Foreign Intelligence Surveillance Court (FISC) declassified an opinion in which it explained why the government’s collection of records of all Americans’ phone calls is constitutional, and that if there is a problem with the program, it is a matter of political judgment, not constitutional law.
How can this be when the Supreme Court issued opinions that would appear to set a precedent against the NSA program?
The opinion does not even mention last year’s unanimous US supreme court decision on the fourth amendment and GPS tracking, a decision in which all three opinions include strong language that may render the NSA’s phone records collection program unconstitutional. No court that had been briefed by both sides would have ignored the grave constitutional issues raised by the three opinions of Justices Scalia, Sotomayor, and Alito in United States v Jones. And no opinion that fails to consider these should calm anyone down.
So, it appears FISA can ignore the Supreme Court. If so, wouldn’t that mean the Supreme Court isn’t Supreme – FISA is at least equal to the Supreme Court?