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View Diary: Congress, FISA, and the Courts - A Way Out? (23 comments)

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  •  Good question, but (0+ / 0-)

    it is something that won't happen.  Congress capitulated in the most horrendous manner.  If they were to issue legislation allowing anyone to challenge the constitutionality of the FISA amendment, that would be tantamount to admitting that they passed something that could be deemed unconstitutional -- thus exposing themselves to a grievous violation of their oaths.  There would be a flood of litigation and no way for the courts to determine whether or not an individual has been damaged by the wiretapping.

    There is no way to fix this mess unless Congress gets a spine in 6 months.  To hand over this power to Gonzales is already a breach of their oath of office.

    My faith in the Constitution is whole, it is complete, it is total. Barbara Jordan 1974

    by gchaucer2 on Mon Aug 06, 2007 at 11:48:18 AM PDT

    •  I don't know... (1+ / 0-)
      Recommended by:
      kamarvt

      ...it seems to me like this would be a way for the blue-dogs in Congress to say "well, we gave him what he wanted knowing it was going to be ruled unconstitutional anyway."  If we frame it right, the cowardly members of Congress can conveniently pass the buck, and the people who did stand up and vote no on it can do something about it.

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