Andrew Napolitano on how our leaders have subverted the Constitution and, in particular, the Fourth Amendment, under the guise of keeping us safer:
What if the Bush folks took Reagan’s idea of spying on foreign spies and twisted it so that they could spy on not just foreign spies, but also on foreign persons? What if they took that and leapt to spying on Americans who communicated with foreign persons?
What if they then concluded that it was easier to spy on all Americans rather than just those who communicated with foreign persons? What if they claimed in secret that all this was authorized by Reagan’s executive order and two federal statutes, their unique interpretations of which they refused to discuss in public? What if the Reagan order and the statutes authorized no such thing?
What if The New York Times caught the Bush administration in its massive violation of the Fourth Amendment, whereby it was spying on all Americans all the time without any warrants? What if the Times sat on that knowledge during, throughout, and beyond the presidential election campaign of 2004? What if, when the Times revealed all this, the Bush administration agreed to stop spying? What if it didn’t stop?
What if President Obama came up with a scheme to make the spying appear legal? What if that scheme involved using secret judges in secret courts to issue general warrants? What if the Obama administration swore those judges to secrecy? What if it swore to secrecy all in the government who are involved in undermining basic American values? What if it forgot that everyone in government also swears an oath to uphold the Constitution? What if Edward Snowden violated his oath to secrecy in order to uphold his oath to the Constitution, which includes the Fourth Amendment, and spilled the beans on the government?