On the recordDecember 13, 2023
During the 1960s, the FBI spied on Martin Luther King and other civil rights protestors. The FBI spied on Vietnam war protesters. The Church Committee was formed in the 1970s and detailed these abuses, and the response by Congress was to pass something called the Foreign Intelligence Surveillance Act, or FISA. FISA was ostensibly passed to limit spying on Americans. It was supposed to be a reform, but as far as the Foreign Intelligence Surveillance Act allows government to spy on U.S. citizens without a warrant, it is unconstitutional. As Dr. John Tyler from Houston Christian University points out, ``the FISA text, the Constitution's text, and the relevant opinions by the U.S. Supreme Court conclusively demonstrated that FISA, and its secret, ex parte''--meaning you only hear from one side of the court--these ``courts are unconstitutional for three reasons.'' ``First, the secret, ex parte courts violate the case or controversy requirement of Article III.'' Courts are about deciding disputes between two parties. They aren't originated just to say: This is a pronouncement. There has to be a dispute, and in the FISA Court, it is more about having a generalized comment. ``Second, FISA violates Fourth Amendment liberties from unreasonable searches and seizures.'' ``Third, FISA and its secret ex parte courts violate the due process guarantees of the 5th and 14th Amendments.'' Dr.…
Source
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