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View Diary: Is NSA Getting A Pass On The 4th Amendment? (22 comments)

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  •  Apparently the Supreme Court doesn't have standing (0+ / 0-)

    to decide the law of the land when it comes to secret court decisions.  And how could it?  They never get to know what kind of shit is going on once it has been decided that a secret court is necessary.  

    I've been saying that I think this is constitutional because the constitution sucks and ambitious tyrannical people will find a way around it.  Maybe the word constitutional isn't the one I should be using, though.  There is a court that could undo what they are doing, and it's the court that the Constitution created for this, the Supreme Court.  

    The problem is that our Constitution has nothing in it to prevent the legislature and executive branch from cutting the real judicial system out of the loop and substituting its own toy court.  The fact that Justice John Roberts gets to select all the FISC judges has no bearing on this because he's just one man, and he's not the court.

    The solution seems obvious to me.  It's not that we need the Supreme Court to intervene, although that would be nice.  The NSA would just find another secret workaround for that.  They would whisper terrorism to the Whitehouse and Congress until they got some new way to do what they wanted.

    No.  We need sunlight.  If we can't depend on our executive branch and legislatures to do the right things behind closed doors, then we need to all be made aware of that.  If they are doing the right thing, then fine, let's support them in that.  But we aren't in the loop.  And when we the people aren't in the loop, that's not a real democracy.  

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