Friday 6th May 2016

Home » Featured Today » Currently Reading:

Almost Orwellian

January 1, 2014 Featured Today No Comments

By ANDREW P. NAPOLITANO

“Almost Orwellian” — that’s the description a federal judge gave in mid-December to the massive spying by the National Security Agency (NSA) on virtually all 380 million cell phones in the United States.
In the first meaningful and jurisdictionally grounded judicial review of the NSA cell-phone spying program, U.S. District Court Judge Richard Leon, a George W. Bush appointee sitting in Washington, D.C., ruled that the scheme of asking a secret judge on a secret court for a general warrant to spy on all American cell-phone users without providing evidence of probable cause of criminal behavior against any of them is unconstitutional because it directly violates the Fourth Amendment.
Readers of this page are familiar with the purpose of that amendment and the requirements it imposes on the government. The Framers intended it to prevent the new government in America from doing to Americans what the British government had done to the colonists under the king.
The British government had used general warrants — which are not based on individualized probable cause and do not name the place to be searched or the person or thing to be seized — to authorize British soldiers to search the colonists wherever they pleased for whatever they wished to seize. The reason for the Fourth Amendment requirement of individualized probable cause and specificity in the warrant is to prevent the very type of general warrant that the NSA has claimed is lawful. The reason for preventing general warrants is that they have become an instrument of tyranny.
It is against this well-known historical context that Leon engaged in his analysis of the feds who spy on us. This is truly the first jurisdictionally based judicial ruling on the cell-phone aspect of the domestic spying that former NSA contractor Edward Snowden revealed last spring. Though the NSA and the Obama and Bush administrations have claimed that judges of the Foreign Intelligence Surveillance Court (FISC) not only found the NSA cell-phone spying to be constitutional, but also authorized it, those judges were performing a statutory clerical function, not a constitutional jurisdictionally based judicial function.
The Constitution requires a case or controversy — basically lawyers arguing against each other on behalf of clients whose interests are adverse — in order to invoke the jurisdiction of federal courts. The FISC judges, who sit and sign in secret, do not do so under the Constitution, because they have no case or controversy before them. They have only the NSA before them. Leon was the first federal judge to rule on the constitutionality of NSA spying under the Constitution — in the context of a litigant challenging the government and the government defending itself. And he found that spying to be in violation of the Constitution.
In his ruling, he dispatched with clarity the government’s argument that two Supreme Court cases from the late 1970s and early 1980s, in which the court permitted evidence obtained from telephone billing data without a search warrant to be introduced in criminal cases, support the constitutionality of the NSA’s phone metadata collection. That was before the era of cell phones, and that was before the Supreme Court ruled that a search warrant is required to hunt electronically for marijuana plants in a home and to install and follow a GPS in a car.
By ruling that two now-outdated Supreme Court cases are no longer controlling, he almost guaranteed that the High Court will take this case.
The NSA was emasculated before Leon. Gone were the lies of Director of National Intelligence James Clapper, who stated under oath that the government does not spy on Americans. Gone was the bravado of NSA boss Gen. Keith Alexander, who claimed initially under oath that his spies stopped 52 terrorist plots and then mysteriously corrected himself and said they really stopped just three, but declined to identify the three. Gone was the if-we-don’t-do-this-we-all-will-die argument. Gone was the if-you-have-nothing-to-hide-you-have-nothing-to-fear nonsense that congressional NSA apologists have advanced.
In place of the political claptrap is the court’s finding that not only is the NSA spying unconstitutional, but it doesn’t work. After hearing the NSA state its case, Leon wrote, “I have serious doubts about the efficacy of the metadata collection program as a means of conducting time-sensitive investigations in cases involving imminent threats of terrorism.” And he added an admonition that it doesn’t help the NSA’s case to be less than candid with the judge.
This was not a difficult case for the court. The government’s behavior was utterly indefensible. It was profoundly dismissive of the Constitution that federal employees have sworn to uphold. Leon wrote: “I have little doubt that the author of our Constitution, James Madison, who cautioned us to beware ‘the abridgement of freedom of the people by gradual and silent encroachments by those in power,’ would be aghast.”
Even though Madison would be aghast, surely the Obama administration will appeal this, and just as surely, appellate judges or Supreme Court justices will have the final say. But for now, we have the great satisfaction of knowing that an independent judiciary has saved our liberties from the tyranny of the majority. And this is a cause for great joy.

+    +    +

(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. Creators Syndicate distributes his column; all rights reserved.)

Share Button

2016 The Wanderer Printing Co.

Cardinal Burke: Notre Dame is Wrong

Notre Dame’s Great Scandal: Honoring Vice President Biden By Thomas McKenna, President of Catholic Action for Faith and Family: The University of Notre Dame has announced that they intend to confer the Laetare Medal, an honor given to Catholics “in…Continue Reading

DoJ to North Carolina: You Have Until Monday to Reverse Bathroom Bill

North Carolina Gov. Pat McCrory received a letter from the Department of Justice that gives him until Monday to reverse his state’s controversial bathroom bill, reports The Hill. The DoJ said the law is in violation of the federal Civil…Continue Reading

Lavender Graduations Harmful to Students at Catholic Colleges

At least eight Catholic colleges across the country are hosting “lavender graduations” this spring — many of them as part of an annual campus tradition — to celebrate and honor students with same-sex attraction (SSA) or who identify as lesbian,…Continue Reading

Serving LGBT Students in Catholic Schools

April 28, 2016, at 9:03 AM  |  By Dan Guernsey  |  Opinion How do Catholic schools best serve students who struggle with same-sex attraction or gender dysphoria (popularly called “transgendered”)? What should a school’s policies prescribe in order to prevent…Continue Reading

Pro-Life Group Lists Every Company Backing Planned Parenthood

A pro-life organization that has spent decades working to try to get corporations to stop giving financial donations to the Planned Parenthood abortion business has released a revised listing of companies backing the abortion giant. Life Decisions International has released…Continue Reading

Trump completes 5-state sweep; Clinton beats Sanders in most Super Tuesday III contests

Donald Trump completed a five-state sweep in Tuesday’s Republican presidential primaries, strengthening his shot at avoiding a contested convention – while Hillary Clinton scored convincing victories but was denied the same bragging rights of a primary sweep by a surprise…Continue Reading

Planned Parenthood Caught Again

Kentucky is suing a new Planned Parenthood clinic after Governor Matt Bevin found out that they have illegally killed 23 unborn children. The clinic knowingly operated without a license for nearly two months. The request for a license was later…Continue Reading

Top Vatican cardinals aren’t commenting on pope’s exhortation

April 25, 2016 (LifeSiteNews) – Two of the Vatican’s most senior prelates, both known for taking a strong stand for the Church’s tradition at the Synod on the Family, are declining interviews on Pope Francis’ controversial apostolic exhortation. Vatican reporter…Continue Reading

Indiana diocese: Catholic teachers must uphold Church’s moral teachings

FORT WAYNE, Indiana, April 25, 2016 (LifeSiteNews) – Another Catholic bishop has taken steps to reinforce Catholic identity in the schools of his diocese. Fort Wayne-South Bend Bishop Kevin Rhoades promulgated “The Mission of Our Catholic Schools and the Importance…Continue Reading

Abby Johnson to Georgetown: Pray for Cecile Richards because no one is beyond conversion

WASHINGTON, D.C., April 21, 2016 (LifeSiteNews) – No one is beyond conversion, former Planned Parenthood clinic director Abby Johnson said at Georgetown University Wednesday, just hours after Planned Parenthood CEO Cecile Richards delivered a lecture to a packed room at…Continue Reading

EXCLUSIVE VIDEO: Pro-life NFL star Matt Birk reveals real reason he skipped meeting with Obama

April 15, 2016 (LifeSiteNews) — When football star Matt Birk decided to quietly decline an invitation to meet President Obama after winning the 2013 Super Bowl with the Baltimore Ravens, he said at the time that he was acting on…Continue Reading

Head of US Bishops’ news agency resigns, blames ‘far right blogosphere’

WASHINGTON, D.C. April 14, 2016 (LifeSiteNews)—The editor-in-chief and director of the U.S. bishops’ official news service resigned Wednesday at the request of the U.S. Bishops’ Conference general secretary. Tony Spence, who had worked for Catholic News Service since 2004, had…Continue Reading

Newsmax

Untitled 5 Untitled 2

Attention Readers:

  Welcome to our new website. Readers who are familiar with The Wanderer know we have been providing Catholic news and orthodox commentary for over 145 years in our weekly print edition. Now we are introducing the online daily version of our print journal.


  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 145 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

Commentary

This Weeks Comments And Letters . . .  

A Powerful Weapon: 15 Quotes on the Holy Rosary

We live in evil times. I hardly need elaborate the multitude of crises that fill the globe. Sadly, many are being swept away by this flood of evil and are succumbing to an overwhelming anxiety and discouragement. But no matter how tempting it is, we must not shrink back. We must pray and fast with a living faith and a firm confidence—and there is no better way to…Continue Reading

Today . . .

Pope Francis: ‘God loves each and every one of us’

(Vatican Radio) Pope Francis says God loves each and every one of us, He is totally extraneous to the “throwaway culture” of today and like the good shepherd he does not want a single person to be lost. Speaking on Wednesday at the weekly General Audience, Pope Francis continued his catechesis for this Holy Year of Mercy reflecting on the parable of the Good Shepherd. He said that the Lord uses the image of the…Continue Reading

Cardinal Müller: Communion Remains Off-Limits for “Remarried”

muller

News is now spreading about Cardinal Gerhard Müller’s varied remarks on marriage, as well as on the Apostolic Exhortation Amoris Laetitia itself, during his trip to Spain at the beginning of May. As the Spanish website Infocatolica.com now reports, Cardinal Müller spoke at a presentation of his new book on hope at the Francisco de Vitoria University in Madrid, Spain, where he affirmed and confirmed the traditional view of marriage and the “impossibility” of changing that clear…Continue Reading

Catholic Colleges Embrace ‘Demonic’ Gender Ideology in Housing Policies

gay

The College of the Holy Cross, a Jesuit, Catholic institution in Worcester, Mass., will implement a new housing policy in the 2016-2017 academic year that embraces gender ideology, which Pope Francis has called “demonic” and a threat to the family. The updated housing policy “will allow students of different sexes to room together based on gender identity,” according to an April 29, 2016, report in the campus newspaper The Crusader. At the University of San…Continue Reading

Planned Parenthood CEO: My Proudest Moment is Forcing Christians to Pay for Abortion Drugs

richards

Planned Parenthood CEO Cecile Richards seems to jump at every chance she gets to do an interview with a journalist who will flatter her abortion work. In her latest interview, Richards revealed her proudest moment on the job – forcing Christians to pay for contraception, including methods that many say can cause early abortions. She told the Texas Observer: TO: And your proudest moment at Planned Parenthood? CR: Definitely the day President Obama called to…Continue Reading

Pope’s Morning Homily: No to Double Lives!

pope(picture)

You are in communion with God, walk in the light. Do works of light, don’t say one thing and do another •April 29, 2016•ZENIT Staff• Pope Francis today exhorted Christians to avoid the “double life” of saying one thing and doing another. This was a main message of his homily this morning in the Casa Santa Marta, reported Vatican Radio. “If you say you are in communion with the Lord, then walk in the light.…Continue Reading

Culture Of Life 101 . . . “How To Fight Dissent Continued”

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 book Call to Action or Call to Apostasy, consisting of a detailed description of the current forms of dissent and how to fight them, e-mail him at bclowes@hli.org). +…Continue Reading

Dishonoring General Jackson

By PATRICK J. BUCHANAN In Samuel Eliot Morison’s The Oxford History of the American People, there is a single sentence about Harriet Tubman. “An illiterate field hand, [Tubman] not only escaped herself but returned repeatedly and guided more than 300 slaves to freedom.” Morison, however, devotes most of five chapters to the greatest soldier-statesman in…Continue Reading

Euthanasia In Canada… Liberty Without Freedom

By DONALD DeMARCO On April 14, 2016, Canada’s Liberal government introduced Bill C-14 legalizing euthanasia and assisted suicide. The long-awaited draft is intended to amend two Criminal Code sections that formerly prohibited euthanasia and assisted suicide. The Supreme Court of Canada, in a 9-0 decision on February of 2015, declared these sections to be unconstitutional.…Continue Reading

And A Child Shall Lead Them

By JAMES K. FITZPATRICK College students are not children, yet the line from Isaiah 11:6, about how “a little child shall lead them,” may fit the role they will play is correcting the disorder at our Catholic universities. Perhaps it is wishful thinking, but one cannot help but wonder if the day will come when…Continue Reading

Restoring The Sacred . . . On Defending Doctrinal Truth Without Compromise

By JAMES MONTI Several years ago I had the curious misfortune of having to listen to several homilies regarding St. John the Baptist in which this great Forerunner of the Christ was cast as somewhat of a villain. The homilist claimed that John was being too judgmental in condemning Herod for his adultery and incest,…Continue Reading

Advertisement

Our Catholic Faith (Section B of print edition)

Faith And Courage

By FR. ROBERT ALTIER The Solemnity Of Pentecost (YR C) Readings: Acts 2:1-11 1 Cor. 12:3b-7, 12-13 John 20:19-23 In the Gospel reading today we hear about our Lord breathing on His disciples so that they would receive the Holy Spirit. This, of course, is a reference back to the creation when God breathed the breath of life into the…Continue Reading

“Love One Another”. . . But Logic Cannot Be Separated From God

By FR. JOHN DE CELLES (Editor’s Note: Fr. John De Celles, pastor of St. Raymond of Peñafort Catholic Church, Springfield, Va., gave the following homily on the Fifth Sunday of Easter, April 24, 2016, at his parish. (Fr. De Celles based his homily on the readings for that day, including the Gospel which has the passage, “Love one another as…Continue Reading

Race And Religion . . . Commitment To Religion Improves Lives

By FR. JOHN FLYNN, LC (Editor’s Note: Fr. John Flynn, LC, wrote this commentary for ZENIT News Agency. Fr. Flynn, a regular ZENIT contributor, holds degrees from the University of New South Wales and from the Pontifical Gregorian University. (We are running this commentary in the space usually reserved for Fr. Kevin M. Cusick’s column, as Fr. Cusick appears on…Continue Reading

An Apologetics Course… The Inquisition: Answering Objections

By RAYMOND DE SOUZA, KM Part 52 First objection: The Inquisition was intolerant! Reply: Before we dissect the Inquisition, we first have to define the terms we use, to ensure that we share the same meaning. What is “tolerance”? In today’s liberal parlance, it means something like accepting other opinions, views, and preferences, so that we are not seen to…Continue Reading

The Liturgy — Work Of The Holy Trinity

By DON FIER Part 4 The cooperation between the Holy Spirit and the Church that is at work in the liturgy is so close that the Catechism of the Catholic Church (CCC) treats the two together. As stated in the section’s opening paragraph, when the Advocate “encounters in us the response of faith…the liturgy becomes the common work of the…Continue Reading

Catholic Heroes . . . Blessed Anna Rosa Gattorno

By CAROLE BRESLIN Near the western border of Italy lies Monaco. Driving northeast along the coast of the Mediterranean Sea for about 110 miles, the traveler arrives in the coastal city of Genoa, home of a truly remarkable woman who served the Kingdom of God as a wife, mother, widow, layperson, and religious. Although she suffered from hidden wounds, she…Continue Reading

Catholic Heroes . . . St. Hugh The Great

By CAROLE BRESLIN In the 11th century, over 150 years before St. Francis of Assisi received the order from our Lord to “repair my house, which as you see is falling into ruin,” the secular rulers sought to control the appointment of bishops, abbots, and even the Pope. During this period of simony and conflict, St. Hugh the Great entered…Continue Reading

COMPLETE 3 PART Interview With Cardinal Burke . . . Insights On The State Of The Church In The Aftermath Of The Ordinary Synod On The Family

Cburke3

By DON FIER Part 1 (Editor’s Note: His Eminence Raymond Leo Cardinal Burke, Patron of the Sovereign Military Order of Malta, recently traveled from Rome to the Shrine of Our Lady of Guadalupe in La Crosse, Wis., a magnificent place of worship which he founded and dedicated. (His Eminence graciously granted an extensive interview to The Wanderer during which he…Continue Reading