Pete Stark: “I rise against the Electronic Surveillance Modernization Act (H.R. 5825) because I swore to uphold the Constitution and…”

“I rise against the Electronic Surveillance Modernization Act (H.R. 5825) because I swore to uphold the Constitution and I will not vote to provide exceptions to it. The Fourth Amendment to the Constitution reads: ``The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.'' In other words, you have to get a warrant any time you spy on an American. That is the entire text of the Amendment. It doesn't say ``unless President Bush thinks the person is a terrorist,'' ``except in cases where it's inconvenient to file the paperwork,'' or even ``with limitations as defined by Congress.'' Realizing the urgent nature of some national security investigations, federal law permits wiretaps without warrants in emergencies as long as court approval is obtained within three days. If the surveillance involves only communications of agents of foreign powers, the government can conduct warrantless surveillance for up to a year. These warrants are not difficult to obtain. Since 1978, when the law was enacted, the Foreign Intelligence Surveillance Act Court has approved more than 18,000 national security warrants. Only five have been turned down. But current law isn't good enough for the President.…”