This morning I questioned Sen. Dianne Feinstein and Rep. Mike Rogers — the chairs of the Senate and House intelligence committees — as they walked out of ABC studios: "Many Americans are concerned about the revelations of this week and how they square with the Fourth Amendment of the Constitution. Let's start there. What does the Fourth Amendment of the Constitution say?"
<p>Feinstein said it was "protection against search and seizure," which is true but very limited. I tried to interject, "the measure is probable cause" — but she went on at some length about the alleged legality of the programs that became public this week, while avoiding the question of their Constitutionality. [transcript below]
</p><p>The Fourth Amendment states:
</p><p>"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."
</p><p>That would seem to totally contradict the programs exposed this week. It's as though the government photocopies all of your papers.
</p>
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