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Rand Introduces Legislation to Restore and Protect Americans' Fourth Amendment Rights

Matt Collins

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Jun 9, 2007
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Dr. Rand Paul Introduces Legislation to Restore and Protect Americans’ Fourth Amendment Rights



WASHINGTON, D.C. – Today, U.S. Senator Rand Paul (R-KY) introduced the Fourth Amendment Restoration and Protection Act. The bill would ensure Americans cannot be subjected to government surveillance upon the order of the secretive Foreign Intelligence Surveillance Court (FISC) or Executive Order 12333. While national security requires the ability to gather intelligence on foreign threats, using those authorities to conduct warrantless spying on Americans is an impermissible violation of the rights guaranteed to us by the Fourth Amendment.

The Foreign Intelligence Surveillance Act (FISA) was enacted to protect the rights of Americans against the surveillance abuses documented by the Church and Pike Committees. Yet, events over the course of the last several years demonstrate that FISA has failed to prevent a recurrence of abuses that violate constitutionally protected rights. In fact, FISA’s secretive and one-sided process invites the kind of abuse the law was intended to combat. This abuse is almost never remedied because, unlike the open and adversarial process afforded by Article III courts, FISA denies defendants the ability to effectively challenge the validity of surveillance warrants. Dr. Paul’s legislation is a necessary remedy to this dangerously flawed process.

“No secret, unaccountable court should be allowed to authorize spying on American citizens,” said Dr. Paul. “My Fourth Amendment Restoration and Protection Act would exempt Americans from the FISA process and ensure both constitutional rights and national security are protected.”

Specifically, the Fourth Amendment Restoration and Protection Act would:


  • Preserve the ability of the Foreign Intelligence Surveillance Court to order surveillance of foreigners and terrorists;


  • Require the government to obtain an order from traditional Article III federal courts to surveil U.S. persons by prohibiting the government from requesting an order from the FISC for surveillance, searches, and seizures relating to U.S. persons;


  • Prohibit the government from conducting information queries of a U.S. person pursuant to section 702 of FISA or Executive Order 12333;


  • Prohibit the government from introducing in evidence any information concerning a United States person acquired or derived from an acquisition under FISA or Executive Order 12333 but preserve the right of the defense to introduce such information as exculpatory evidence; and


  • Ensure that the executive branch cannot violate constitutional rights through executive orders by mandating that statutory authorities and the Federal Rules of Criminal Procedure are the exclusive means by which searches or acquisitions shall take place if the target is a U.S. person.

You can read the Fourth Amendment Restoration and Protection Act HERE.
 
Just read the bill and I see manifold problems with it.

Forst and foremost, perhaps, nowhere did I find the section that puts convicted violators on the gallows or in solitary for vast stretchces. I just got up and my eyes are not in the best shape at the moment, so maybe I missed it?

The language of the bill is fraught with problems, speaking in jargon that should be left on the wayside.

I appreciate the apparent spirit in which this is offered, but I don't see it as being of any reasonable effect. For one thing, the "government" is ignoring statute and Law now on a minute by minute basis. Unless there exist the ready incentives for them not to waggle their tiny penises in the face of us as they laugh maniacally, you can pass all the statutes you want and I will ask "to what effect?"

I mean no disrespect to Rand Paul, but this is a bandaid on metastasized cancer.

My prediction is that if enacted, it will change little to nothing. May I prove mistaken.
 
My prediction is that if enacted...

LOL

Nobody writes bills like this with the slightest expectation that they could conceivably be passed. These bills are introduced so congress critters can vote against them. Then, if someone tries to primary them and has no voting record of their own, they can run on the critter's record instead.
 
LOL

Nobody writes bills like this with the slightest expectation that they could conceivably be passed. These bills are introduced so congress critters can vote against them. Then, if someone tries to primary them and has no voting record of their own, they can run on the critter's record instead.

This doesn't speak well of Rand Paul, if true.
 
This doesn't speak well of Rand Paul, if true.

Why not? You don't think our enemies should have the obligation to go on the record and prove to voters that they're pro-tyranny?

Is there something more he could reasonably be expected to accomplish?
 
Why not? You don't think our enemies should have the obligation to go on the record and prove to voters that they're pro-tyranny?

Is there something more he could reasonably be expected to accomplish?


It's a vain effort. Far too many Americans give not even a mouse-shit sufficient to make any palpable difference.

Seriously now, such is an utter waste of time in a land where the people who should be out hunting are sitting on their overly well-fed asses, getting into fist fights over fucking basketball games.

Trump will not see office again, methinks. But if mistaken, the only thing of value he can do is invoke his full NDAA powers, gather the guilty, try them on Gitmo, and slaughter them to the last man, quietly that they meet with the most clinically cold and ignominious fates. I don't see it happening, but who can say for certain at this point? But if we do not clean house with blood, we are lost for good. Such is the sad pass to which we have come and it is 99.9% our fault. Yours, mine, his, hers, their's.
 
Oh. You're disappointed in Dr. Paul because he did something, but didn't break his Hippocratic Oath.

Uh, sure, fair enough I guess.
 
Well to be fair the US federal government is a lost cause and there is no way to reform it so long as the money printer exists. It's only a matter of how much we can slow down the vehicle before it falls off the cliff.
 
The cliff is too damn high!

Pretty much. If you have to go off a ledge, it's better to be moving a good clip. You're more likely to land on your wheels, much less likely to wind up high-centered.

But a cliff? Makes no difference.
 
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