I’m starting to wonder why no one in the Democratic Party is
challenging the GOP on their hypocrisy when it comes to their
stance on the Constitution, when it comes to the warrantless
wiretapping by the NSA that was authorized by President Bush..
They claim they want strict literal interpretation of the
Constitution, unless the president wants to interpret Article 2,
Sect. 1 to give himself the power to wiretap US citizens without
a warrant. Please allow me to explain how ridiculous the Bush
administration’s argument is on this subject. The GOP’s
exhaustive mantra the last week or two, is that Bush took an
oath to protect the American people, and therefore, is justified
to take whatever means he deems necessary to do so. This
argument is purposely false. The following is a direct quote
from the Constitution, Article 2, Sect 1, as it explains the
oath the President takes:
Before he enter on the Execution of his Office, he shall take
the following Oath or Affirmation:–”I do solemnly swear (or
affirm) that I will faithfully execute the Office of President
of the United States, and will to the best of my Ability,
preserve, protect and defend the Constitution of the United
States.”
The president takes an oath to uphold the constitution, as does
everyone who serves in the military. But to uphold the
constitution, the president must uphold the 4th Amendment:
Amendment IV
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.
Are you grasping this? The president is not upholding his oath
of office, as his administration is claiming, he is actually
doing the exact opposite. He is breaking his oath of office by
not upholding, or defending if you please, the constitution due
to the fact that his authorization of warrantless wiretapping is
in direct violation of the 4th amendment. The FISA courts were
established for the very purpose of allowing the president to
wiretap without a warrant if there is an immedaite threat. He
then has 72 hours afterwards to show the secret court probable
cause so they can issue a rectroactive warrant. The only reason
I can find for the president to go around the FISA court is
because he couldn’t show probable cause, and the
Democratic leadership desperately need to take him to task for
it.
