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IPFS News Link • FBI

A Constitution the Government Evades

• by andrew p. napolitano

This revelation is supposed to give members of Congress comfort that the folks we have hired to protect the Constitution are in fact doing so. In reality, the feds continue to assault and violate a core freedom protected by the Constitution -- the right to be left alone.

The reason for the FBI revelation is the pending expiration of Section 702 of the Foreign Intelligence Surveillance Act and the bipartisan animosity toward its extension.

Section 702 is unconstitutional on its face as it directly contradicts the core language of the Fourth Amendment. It permits the feds to conduct warrantless surveillance on foreign persons who are either physically or digitally present in the United States and all with whom they communicate -- American or foreign -- who are located here.

Thus, for example, if you call or text or email an art dealer in Florence, Italy, from your home in New Jersey, or your cousin in Geneva, Switzerland, calls or texts or emails you at your home in California, the FBI can monitor all those communications without a search warrant. And then the feds can monitor the future calls you make and texts and emails you send and receive.

The reason for the search warrant requirement is to prevent a repeat of what British agents did to the American colonists before the Revolutionary War. Then, secret British courts in London issued general warrants to British agents in America, which authorized the bearer to search wherever he wished and seize whatever he found.


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