On the recordSeptember 28, 2006
Congress is once again rushing to abandon its constitutional duty to protect the constitution balance between the executive, legislative, and judicial branches of government by expanding the executive's authority to conduct warrantless wiretaps without approval from either a regular federal court or the Foreign Intelligence Surveillance Act (FISA) court. Congress's refusal to provide any effective checks on the warrantless wiretapping program is a blatant violation of the Fourth Amendment and is not necessary to protect the safety of the American people. In fact, this broad grant of power to conduct unchecked surveillance may undermine the government's ability to identify threats to American security. Instead of creating standards for warrantless wiretapping, H.R. 5825 leaves it to the President to determine when 'imminent' threat requiring warrantless wiretapping exists. The legislation does not even define what constitutes an imminent threat; it requires the executive branch to determine when a threat is 'imminent.' By passing this bill, Congress is thus abdicating its constitutional role while making it impossible for the judiciary to perform its constitutional function.
Source
govinfo.gov




