I posted this on MyBO, but it's probably best to repeat it here.
People say Barack Obama cannot change his mind again and oppose the bad FISA bill the House passed. I say yes he can, and here's how.
To quote Patrick Henry, from a speech which is one of the reasons we have a Fourth Amendment:
"A bill of rights may be summed up in a few words. What do they tell us? " That our rights are reserved. Why not say so? Is it because it will consume too much paper? Gentlemen's reasoning against a bill of rights does not satisfy me. Without saying which has the right side, it remains doubtful. A bill of rights is a favorite thing with the Virginians and the people of the other states likewise. It may be their prejudice, hut the government ought to suit their geniuses; otherwise, its operation will be unhappy. A bill of rights, even if its necessity be doubtful, will exclude the possibility of dispute; and, with great submission, I think the best way is to have no dispute. In the present Constitution, they are restrained from issuing general warrants to search suspected places, or seize persons not named, without evidence of the commission of a fact, &c. There was certainly some celestial influence governing those who deliberated on that Constitution; for they have, with the most cautious and enlightened circumspection, guarded those indefeasible rights which ought ever to be held sacred! The officers of Congress may come upon you now, fortified with all the terrors of paramount federal authority. Excisemen may come in multitudes; for the limitation of their numbers no man knows. They may, unless the general government be restrained by a bill of rights, or some similar restriction, go into your cellars and rooms, and search, ransack, and measure, every thing you eat, drink, and wear. They ought to be restrained Within proper bounds."
—Patrick Henry, MONDAY, June 16, 1788.
http://www.constitution.org/...
220 years later, I still don't think we should depend on some potential future president's good intentions to stop the government from searching the cellars of our telephones and Internet. The present FISA bill lets the government get away with general searches without evidence of a commission of a fact, because it does nothing to stop the abuses that have already occurred; it lets the president say it's OK whenever he feels like it; and it immunizes the companies that already abetted. This is a bad bill. It should never be law. Barack Obama should stand up and say:
"More than 18,000 of my supporters have asked me to think again about the FISA bill. I have listened to their heart-felt pleas and admonitions, and I have looked at the analyses they have sent me.
"They are right and I was wrong. This is a bad bill, which would legalize blanket spying on American citizens. It adds nothing to the existing FISA court, which has existed for 30 years and does not expire. As the Supreme Court has just noted, the FISA court can already approve warrants for communications passing through the U.S. We already have the tools we need to intercept the communications of terrorists. We do not need to legitimize blanket spying on our own citizens.
"I oppose this bill in its entirety. I will support filibusters against it, and I will vote against it. On the occasion of this Fourth of July weekend, I call on all Senators and House members to do the same. Together we can support the Fourth Amendment, which prohibits searches without warrants. We have that Amendment partly because two hundred and twenty years ago Patrick Henry spoke up, just like my 18,000 supporters, and requested a Bill of Rights to 'set down those great rights which ought, in all countries, to be held inviolable and sacred.'
"The press says I am tacking towards the center. By opposing this bill I am indeed tacking towards the center of the principles on which this Republic was founded. I hope soon to take an oath as your president to preserve, protect, and defend the Constitution of the United States. I see no reason to wait until January to do those things. I tack to that center right now, and I invite all of you to do the same.
"Other candidates may listen to lobbyists of big corporations. My supporters are individuals, and the processes I have put in place to hear them are working. Like Patrick Henry, they talk to me, and I listen. I will put similar processes in place when I am elected so that your president can hear from you, the people.
"Happy Fourth of July."
I have no illusions that Obama will mistake me for one of his speechwriters. But I've often found suggesting draft wording helps get a point across.
Yes he can.
-jsq