Topic: Supreme Court Declares Itself Unconstitutional
no photo
Thu 04/03/14 05:36 PM

The United States Supreme Court will not let Americans challenge a provision in a foreign intelligence law that lets the federal government secretly eavesdrop on the intimate communications of millions of Americans.

On Tuesday, the top justices in the US said the country’s highest court will not hear a case in which Amnesty International and a slew of co-plaintiffs have contested a provision of the Foreign Intelligence Surveillance Act of 1978, or FISA, that lets the National Security Agency silently monitor emails and phone calls.


So like the Federal Reserve Act, if it can't be challenged in the Supreme Court, their never has to come to light the absolute unconstitutionality of the acts.


On Tuesday, however, the Supreme Court dismissed the claims that the plaintiffs were being watched under the FAA. Amnesty and others had argued that the presumed surveillance they were subjected to has caused them to go out of their way to maintain working relationships with clients, forcing them to travel abroad to communicate without the fear of being monitored.

In the suit, the plaintiffs have said that because they communicate "with people the Government 'believes or believed to be associated with terrorist organizations,' 'people located in geographic areas that are a special focus' of the Government’s counterterrorism or diplomatic efforts, and activists who oppose governments that are supported by the United States Government," they’ve undertaken "costly and burdensome measures" to protect the confidentiality of sensitive communications.

"This theory of future injury is too speculative," Justice Samuel Alito said in announcing the 5-4 decision, calling it "hypothetical future harm."

"In sum, respondents' speculative chain of possibilities does not establish that injury based on potential future surveillance," the court ruled. '[R]espondents' self-inflicted injuries are not fairly traceable to the Government's purported activities under [the FAA] and their subjective fear of surveillance does not give rise to standing."


So what happens to the due process of law when the Supreme Court takes the demeanor of the IRS that the constitution is a frivolous argument? Well, then due process is ignored and we revert to the rule of men, not the rule of law.


In the court's majority opinion, five justices even added that the government's ability to wiretap Americans doesn't begin and end with FISA, either. "The Government has numerous other methods of conducting surveillance, none of which is challenged here," they ruled.

"Because respondents do not face a threat of certainly impending interception" under FISA, "the costs that they have incurred to avoid surveillance are simply the product of their fear of surveillance," the court told the plaintiffs.

Journalists Chris Hedges and Naomi Klein joined Amnesty in the case, along with Joanne Mariner, the Terrorism and Counterterrorism Program Director at Human Rights Watch, attorney Sylvia Royce and others.

Chief Justice John Roberts and Justices Antonin Scalia, Anthony Kennedy and Clarence Thomas ruled in the majority. Justices Stephen Breyer, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan all dissented.


First, how absurd. They declare that because there are other unconstitutional methods in use by the government, this act shouldn't be considered unless all are mentioned. Seems someone forgot Altito in the majority decision.

But here is what is really funny, the division right along political lines with the repugcants appointed justices voting for unconstitutionality and the dumbocrat appointed justices representing the constitution. Who woulda thought.

adj4u's photo
Thu 04/03/14 09:15 PM



SO WHATS TO BE DONE ABOUT IT

no photo
Thu 04/03/14 10:47 PM




SO WHATS TO BE DONE ABOUT IT


Gain control, one county at a time. First the traffic courts, then the civil courts. Without the courts, they only have guns but then so do we.

And shouting is just plain rude.

Conrad_73's photo
Fri 04/04/14 12:14 AM
Edited by Conrad_73 on Fri 04/04/14 12:15 AM





SO WHATS TO BE DONE ABOUT IT


Gain control, one county at a time. First the traffic courts, then the civil courts. Without the courts, they only have guns but then so do we.

And shouting is just plain rude.

Die Diktatur Des Proletariats,hmmm?
Replacing one Oppressive Machine with another one?

no photo
Fri 04/04/14 08:12 AM






SO WHATS TO BE DONE ABOUT IT


Gain control, one county at a time. First the traffic courts, then the civil courts. Without the courts, they only have guns but then so do we.

And shouting is just plain rude.

Die Diktatur Des Proletariats,hmmm?
Replacing one Oppressive Machine with another one?


How would that be replacing one with another?