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View Diary: "We the People" versus the National Security Agency (21 comments)

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  •  How is,it Constitutional for Congress to set up (0+ / 0-)

    a court exercising Article III powers, and then delegating the appointment to that Court to the Chief Justice of the United States?  Just asking, because this has always bothered me, and I do not have a satisfactory answer one way or the other.

    Patriotism may be the last refuge of scoundrels, but religion is assuredly the first.

    by StrayCat on Wed Jan 08, 2014 at 07:55:01 AM PST

    [ Parent ]

    •  constitutional issues (0+ / 0-)
      SECTION. 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
      I'd say the FISA court is an inferior court,  that part is
      fine.

      what's a mess is how you appeal FISA?  everything is classified.

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