Thursday 23rd February 2017

Home » Featured Today » Currently Reading:

Government Looking For Witches Will Find Them

October 14, 2013 Featured Today No Comments

By ANDREW P. NAPOLITANO

While the nation’s political class has been fixated on a potential government shutdown in Washington this past week, the NSA has continued to spy on all Americans and by its ambiguity and shrewd silence seems to be acknowledging slowly that the scope of its spying is truly breathtaking.
The Obama administration is of the view that the NSA can spy on anyone anywhere. The president believes that federal statutes enable the secret FISA court to authorize the NSA to capture any information it desires about any persons without identifying the persons and without a showing of probable cause of criminal behavior on the part of the persons to be spied upon.
This is the same mindset that the British government had with respect to the colonists. It, too, believed that British law permitted a judge in secret in Britain to issue general warrants to be executed in the colonies at the whim of British agents.
General warrants do not state the name of the place to be searched or the person or thing to be seized, and they do not have the necessity of individualized probable cause as their linchpin. They simply authorize the bearer to search wherever he wishes for whatever he wants. General warrants were universally condemned by colonial leaders across the ideological spectrum — from those as radical as Sam Adams to those as establishment as George Washington, and from those as individualistic as Thomas Jefferson to those as big government as Alexander Hamilton.
e know from the literature of the times that the whole purpose of the Fourth Amendment — with its requirements of individualized probable cause and specifically identifying the target — is to prohibit general warrants.
And yet, the FISA court has been issuing general warrants and the NSA executing them since at least 2004.
The past week we learned in a curious colloquy between members of the Senate Select Intelligence Committee and Gen. Keith Alexander and Deputy Attorney General James Cole that it is more likely than not that the FISA court has permitted the NSA to seize not only telephone, Internet, and texting records, but also utility bills, credit-card bills, banking records, social media records, and digital images of mail, and that there is no upper limit on the number of Americans’ records seized or the nature of those records.
The judges of the FISA court are sworn to secrecy. They can’t even possess the records of what they have done. There is no case or controversy before them. There is no one before them to oppose what the NSA seeks. They don’t listen to challenged testimony. All of this violates the Constitution because it requires a real case or controversy before the jurisdiction of federal courts may be invoked.
So when a FISA court judge issues an opinion declaring that NSA agents may spy to their hearts’ content, such an opinion is meaningless because it did not emanate out of a case or controversy. It is merely self-serving rhetoric, unchallenged and untested by the adversarial process.
Think about it: Without an adversary, who will challenge the NSA when it exceeds the “permission” given by the FISA court or when it spies in defiance of “permission” denied? Who will know?
For this reason, the FISA court is unconstitutional at best and not even a court at worst. It consists of federal judges administratively approving in secret the wishes of the government. By not adjudicating a dispute, which is all that federal judges can do under the Constitution, these judges are not performing a judicial function. Rather, they are performing a clerical or an executive one, neither of which is contemplated by the Constitution.
And yet, the president and his secret agents and the politicians who support them would have you believe that the NSA’s spying has been approved by bona fide federal courts. It has not. Does the Constitution permit the federal government to put us all under a microscope? It does not. The government is supposed to work for us and derive its powers from the consent of the governed. Do you know anyone who consented to all this? I do not.
The traditional bar that the government must meet in order to begin gathering data on any of us is individualized articulable suspicion about criminal behavior. The purpose of that requirement is to prevent witch-hunts and inquisitions and knocks on doors in the night. Without that bar, there are no limits as to whom the feds can pursue.
What will become of us if the feds can watch our every move and hear our every conversation and learn our every expenditure and read our every e-mail and find out what we eat and whom we love and how we live? There are well over 4,500 federal crimes. The feds can find something wrong that anyone has done. Stalin’s chief of secret police, the monster Lavrenti Beria, once famously proclaimed: “Show me the man and I will find you the crime.”
History teaches that a government on a witch-hunt, unconstrained by law or Constitution, will not stop until it can brand someone as a witch. And an unbridled inquisition will not stop until it finds a heretic. The Constitution simply never entrusted the people who run the government with this awesome power. Rather, in the Fourth Amendment, it prohibited it.
If the rights to life, liberty, and the pursuit of happiness — which are the stated reasons for forming the United States of America in the first place — mean anything, they mean that we all possess the inalienable right to be different and the inalienable right to be left alone. Neither of these rights can be honored when the government knows all. And when the government knows all, and doesn’t like what it knows, we will have an authoritarian state far more odious than any history has ever known.
On the face of an all-knowing secret government are large and awful eyes — and no smile.

+ + +

(Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel. Judge Napolitano has written seven books on the U.S. Constitution. The most recent is Theodore and Woodrow: How Two American Presidents Destroyed Constitutional Freedom. For more information, please visit www.creators.com.)

Share Button

2017 The Wanderer Printing Co.

Trump to Drop Transgender Bathroom Mandate

Obama’s controversial mandate attempted to force schools to let boys into girls’ locker rooms WASHINGTON (ChurchMilitant.com) – President Donald Trump is expected to revoke Obama’s transgender bathroom mandate insisting that students be allowed in opposite-sex bathrooms and locker rooms. The…Continue Reading

Cardinal Burke is ‘de facto’ suspended, claims Knights of Malta condom promoter

February 21, 2017 (LifeSiteNews) – The Knights of Malta official at the center of controversy over the Order’s Catholic identity and sovereignty says its patron, Cardinal Raymond Burke, has been “de facto” suspended. Albrecht von Boeselager, a German aristocrat, was…Continue Reading

Cardinal Zen says ‘naïve’ Pope and bad advisors are betraying underground Church in China

February 21, 2017 (LifeSiteNews) – Cardinal Joseph Zen says the Vatican is betraying Catholics living their faith out clandestinely in China. In an exclusive interview with LifeSiteNews, he says he has been urged to speak out by Catholics who lack…Continue Reading

Cardinal Zen on dubia: ‘Very respectful request by those bishops and Cardinals to have a clear statement’

February 20, 2017 (LifeSiteNews) — Cardinal Joseph Zen in an interview with EWTN’s Raymond Arroyo expressed his support for the four Cardinals’ dubia that asks for clarification on the apostolic exhortation Amoris Laetitia’s chapter 8. “I suppose it is a…Continue Reading

These Catholic parishes openly celebrate LGBT. Why aren’t bishops stopping it?

January 17, 2017 (LifeSiteNews) – As controversy continues to rage over Pope Francis’ doctrines on communion for the divorced and remarried, an even more controversial practice proliferating in the shadows for decades is becoming increasingly open and explicit: same-sex couples…Continue Reading

Michael J. Novak, Jr. [1933 – 2017]

Theologian, public intellectual, and close friend of the Acton Institute, Michael J. Novak Jr., passed away last night on February 17, 2017. Acton Institute President Rev. Robert A. Sirico reflects on the passing of his friend and mentor Michael Novak,…Continue Reading

Twitter erupts with dubious reaction to Cardinal Cupich’s post on marriage document’s ‘absolute clarity’

February 16, 2017 (LifeSiteNews) – Chicago Cardinal Blasé Cupich tweeted Tuesday that Pope Francis’ Amoris Laetitia document was in full fidelity with the Catholic Church and absolutely clear in the expression of its teaching on marriage, but users of the…Continue Reading

More essential than ever for Catholic hospitals to maintain distinct identity: Cardinal Burke

Catholic health-care institutions are needed today more than ever, Cardinal Raymond Burke told a conference on Catholic hospitals in Ohio last week. “Our country suffers the scourge of an attack on the dignity of human life,” the cardinal said. He…Continue Reading

Council of Cardinals pledges allegiance to Pope Francis

ROME, February 13, 2017 (LifeSiteNews) – In an odd note without explanation placed on the Vatican’s daily press briefing today, the Council of Cardinals, a group of 10 Cardinals which Pope Francis has delegated to work with him on reform,…Continue Reading

Conference Looks Beyond ‘Crisis’ of Catholic Colleges, Debunks ‘Land O’ Lakes Statement’

The day after an historic and widely-covered March for Life, presidents from four Newman Guide colleges and Cardinal Newman Society president Patrick Reilly presented on the future of Catholic higher education at the “CRISIS: Catholic Higher Education and the Next…Continue Reading

Top Restaurants Will Sell Cookies to Raise Money for Planned Parenthood Abortion Business

A handful of Chicago restaurants are baking cookies and selling them through Feb. 24, with the proceeds benefitting the abortion group Planned Parenthood, the Chicago Eater reported.

Roman Catholic Church of Philippines Criticizes Duterte’s Bloody Drug War

The Roman Catholic Church in the Philippines slammed President Rodrigo Duterte’s bloody war on drugs in a sermon read out during Sunday’s services, marking its strongest opposition yet to a flagship policy that has led to the deaths of more…Continue Reading

Untitled 5 Untitled 2

Attention Readers:

  Welcome to our website. Readers who are familiar with The Wanderer know we have been providing Catholic news and orthodox commentary for 150 years in our weekly print edition.


  Our daily version offers only some of what we publish weekly in print. To take advantage of everything The Wanderer publishes, we encourage you to su
bscribe to our flagship weekly print edition, which is mailed every Friday or, if you want to view it in its entirety online, you can subscribe to the E-edition, which is a replica of the print edition.
 
  Our daily edition includes: a selection of material from recent issues of our print edition, news stories updated daily from renowned news sources, access to archives from The Wanderer from the past 10 years, available at a minimum charge (this will be expanded as time goes on). Also: regularly updated features where we go back in time and highlight various columns and news items covered in The Wanderer over the past 150 years. And: a comments section in which your remarks are encouraged, both good and bad, including suggestions.
 
  We encourage you to become a daily visitor to our site. If you appreciate our site, tell your friends. As Catholics we must band together to rediscover our faith and share it with the world if we are to effectively counter a society whose moral culture seems to have no boundaries and a government whose rapidly extending reach threatens to extinguish the rights of people of faith to practice their religion (witness the HHS mandate). Now more than ever, vehicles like The Wanderer are needed for clarification and guidance on the issues of the day.

Catholic, conservative, orthodox, and loyal to the Magisterium have been this journal’s hallmarks for five generations. God willing, our message will continue well into this century and beyond.

Joseph Matt
President, The Wanderer Printing Co.

Untitled 1

Enter Comments Below

This Weeks Comments And Letters . . .

Culture Of Life 101 . . . “An Introduction To The Problem Of Euthanasia”

By BRIAN CLOWES Part 2 (Editor’s Note: Brian Clowes has been director of research and training at Human Life International since 1995. For an electronic copy of chapter 23 of The Facts of Life, a 150-page treatise on all of the aspects of euthanasia, e-mail him at bclowes@hli.org.) + + + We have covered the definitions of the varieties of…Continue Reading

Today . . .

Virginia bishops lament veto of bill defunding Planned Parenthood

Feb 22, 2017 – 04:35 pm .- The bishops of Virginia’s two dioceses on Tuesday decried Governor Terry McAuliffe’s veto of a bill which would have redirected state funding away from abortion providers and toward community health centers.

San Diego’s Catholic bishop urges citizens to be ‘disruptors’ and ‘rebuilders’ in Trump era

Even before the White House announced stricter immigration policies Tuesday, there were signs of opposition. Addressing people “of all faiths and no faith,” San Diego’s Roman Catholic bishop on Saturday urged Americans to be “disruptors” and “rebuilders.” Donald Trump, Bishop Robert McElroy noted, had campaigned for the presidency as “the disruptor.” “Well now,” McElroy told almost 700 community organizers and social justice advocates meeting in Modesto on the weekend that “we must all

Washington D.C. Becomes 6th Place in the U.S. to Legalize Assisted Suicide

A Washington, D.C. law allowing doctors to prescribe their patients lethal drugs to commit suicide went into effect Saturday after U.S. Congress failed to block the measure, the Washington Times reports. The district is the sixth area in the U.S. to legalize the deadly procedure, following Oregon, Washington state, Vermont, California and Colorado. The D.C. council passed the law at the end of 2016, despite wide-spread opposition from African Americans, people with disabilities, medical professionals,…Continue Reading

Cardinal Burke urges massive U.S. crowd to defend faith amid Church confusion

cburk12

LENEXA, Kansas, February 17, 2017 (LifeSiteNews) – The façade of Cardinal Raymond Burke as a boogeyman of tradition projected by his critics and the media was nowhere to be found last Friday when he gave his usual clear witness to the Catholic faith before an overflow crowd in the Kansas City area. Cardinal Burke delivered a stirring, clear message on defending the Catholic faith amid the current confusion in the Church that was embraced with…Continue Reading

Again More Questions than Answers . . . MESSAGE OF HIS HOLINESS POPE FRANCIS ON THE OCCASION OF THE WORLD MEETINGS OF POPULAR MOVEMENTS IN MODESTO

Dear Brothers and Sisters, First of all, I would like to congratulate you for your effort in replicating on a national level the work being developed in the World Meetings of Popular Movements. By way of this letter, I want to encourage and strengthen each one of you, your organizations, and all who strive with you for “Land, Work and Housing,” the three T’s in Spanish: Tierra, Trabajo y Techo. I congratulate you for all…Continue Reading

A Movie Review… Stalin’s Bitter Harvest

By REY FLORES Bitter Harvest is a powerful film; but where do I begin to tell you about it? The first 11 minutes give us the background of the main characters who are shown enjoying somewhat of the last vestiges of a peaceful and idyllic existence before the Holodomor, which was a deliberate famine created…Continue Reading

Culture Of Life 101… The History Of Future Dreams

By BRIAN CLOWES (Editor’s Note: Brian Clowes has been director of research and training at Human Life International since 1995. For an electronic copy of the complete series on artificial reproduction, e-mail him at bclowes@hli.org.) + + + “In the year 6565, ain’t gonna need no husband, won’t need your wife, you’ll pick your son,…Continue Reading

Ex-Planned Parenthood Worker . . . Recalls Webcam Abortion Opposition, Sees Hope For Pro-Life Cause

By PEGGY MOEN ST. PAUL — Sue Thayer told her February 15 audience here that “an immediate stopper” in a debate with a pro-abort is this quotation from President Reagan: “I’ve noticed that everyone who is for abortion has already been born.” Thayer was addressing the Legislative Dinner of Minnesota Citizens Concerned for Life, held here at the…Continue Reading

Reopening The Question Of Women Priests… A Theological Travesty And A Spiritual Tragedy

By JEFFREY MIRUS (Editor’s Note: Jeffrey Mirus holds a Ph.D. in intellectual history from Princeton University. A co-founder of Christendom College, he also pioneered Catholic Internet services. He is the founder of Trinity Communications and CatholicCulture.org. This commentary first appeared on CatholicCulture.org, and LifeSiteNews featured it on February 13. All rights reserved.) + + + La…Continue Reading

Even As “Assisted Suicide” Looms . . . Ethics Expert Tells How Roe V. Wade Might Be Reversed

By DEXTER DUGGAN PHOENIX — “If you want to see what a Roe v. Wade reversal looks like, read Washington v. Glucksberg,” a national expert on medical ethics and the law told a Catholic physicians’ meeting here while he also warned against an accelerating effort to legalize “assisted suicide” in the states. With speculation rising…Continue Reading

Advertisement

Our Catholic Faith (Section B of print edition)

“Get Away, Satan!”

By FR. ROBERT ALTIER First Sunday Of Lent (YR A) Readings: Gen. 2:7-9, 3:1-7 Romans 5:12-19 Matt. 4:1-11 In the readings today, we hear about Adam and Jesus. In the second reading, St. Paul compares the two of them, recognizing that by one sin many became sinners and by one righteous act many became righteous. So, we have the correlation…Continue Reading

Joy And Dismay . . . Greet Cardinal Tong’s Article On China-Holy See Dialogue

By FR. BERNARDO CERVELLERA (Editor’s Note: In the article below, Fr. Bernardo Cervellera evaluates the optimism of Hong Kong’s John Cardinal Tong over a change in the method of appointing China’s bishops and the function of the Patriotic Association. But it is unclear whether it is real change or just nominal — in words only. (Fr. Cervellera notes that underground…Continue Reading

A Leaven In The World… Signs Of Growth At “The Margins” Of The Church

By FR. KEVIN M. CUSICK Why does a young man of 18 years old put on a suit and tie on Sunday morning, leaving his parents and sisters behind, to drive to a more distant parish? To attend the Traditional Latin Mass. I’d noticed him for a few weeks along with our growing Sunday Traditional Mass congregation and met him…Continue Reading

The Meaning Of Original Sin

By RAYMOND DE SOUZA, KM Part 25 Haven’t you met Catholic people who question the gravity of Adam’s sin? They do believe that all humans stem from a single couple, yes, but they find it hard to accept that stealing an apple is such a big deal. Surely God could not be that much offended by that! Such people argue…Continue Reading

The Liturgical Celebration Of The Eucharist

By DON FIER As narrated in the Gospels of Matthew, Mark, and Luke and in the First Letter of St. Paul to the Corinthians, our Lord Jesus Christ instituted the Holy Eucharist at the Last Supper on the night before He died. Jesus and His apostles had just traveled to Jerusalem to celebrate the great Jewish feast of Passover in…Continue Reading

Catholic Heroes… Blessed Thomas Mary Fusco

By CAROLE BRESLIN Throughout the history of the Church different saints have had special devotions. St. Margaret Mary Alacoque had a great devotion to the Sacred Heart of Jesus, St. Peter Julian Eymard had a great devotion to the Real Presence, and Blessed Thomas Mary Fusco had a deep devotion to the Most Precious Blood. (The Catholic Church recognized this…Continue Reading

Catholic Heroes… St. Geltrude Caterina Comensoli

By CAROLE BRESLIN (Editor’s Note: Some sources give this saint’s name as Gertrude, but the Vatican’s website calls her Geltrude.) + + + Can there be any nobler calling than to promote adoration of the Body, Blood, Soul, and Divinity of Jesus Christ really and truly present in the Blessed Sacrament? St. Peter Julian Eymard, St. Alphonsus Liguori, and St.…Continue Reading