As most of you probably have heard by now, a U.S. District Court (Judge Diggs – E.D. Mich.) has, in a strongly worded opinion, struck down as unconstitutional the NSA secret warrantless wiretapping program. More importantly, the Court heaped scorn, plus 150 years of Supreme Court precedent, on the notion that the Executive Branch has reserve inherent powers to violate any other provision of the law in "wartime." "There are no Kings in America," she wrote, and "all power derives from the Constitution."
(The only fault I find with the opinion is political – she fails to address the fears of terrorism sufficiently).
Friday, August 18, 2006
Constitution Lives Again
Posted by The Law Talking Guy at 10:39 AM
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This is a most welcome development!
I heard that Bill Frist (R-Tenn) has given his medical opinion that the ruling will be overturned by a higher court. Gee, first he can diagnose brain death from a video clip, now he's a constitutional law expert.
I'm reminded of a scene in Animal House where the guys are on trial before the Honors Council. One of the guys gets up and says, "Leave this to me, I'm pre-Law." One of his friends says, "I thought you were pre-Med." To which he casually replies, "Same thing."
// posted by RBR
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