Tuesday 27th January 2015

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

Comment on this Article:

Notre Dame theologian known for books, liberal stands, dies

SOUTH BEND, Ind. (AP) — The Rev. Richard McBrien, a University of Notre Dame theologian known for his unabashed liberal stands on various church teachings and his popular books on Catholicism, died Sunday in his native Connecticut, according to the…Continue Reading

Bankruptcy case brings financial fears for Catholic schools

As president of an inner-city Catholic grade school that depends critically on donations, Helen Dahlman admits to an unconventional fundraising strategy. “We believe in miracles, so we pray a lot,” said Dahlman, who leads Risen Christ School in south Minneapolis,…Continue Reading

Cardinal: No pro-life victory without reaching the marginalized

Washington D.C., Jan 22, 2015 / 03:01 am (CNA/EWTN News).- For the pro-life movement to truly succeed, it must fight not only abortion, but also the broader “throwaway culture” wherever life is being discarded, said Cardinal Sean O’Malley of Boston…Continue Reading

70 Churches Destroyed in ‘Anti-Charlie Hebdo’ Protests

The Christian community in Niger says it is in shock in the wake of weekend violence that has claimed the lives of 10 people and led to the destruction of dozens of places of worship and Christian homes. The protest,…Continue Reading

ITALY: Muslims smash, urinate on statue of Mary

A man was kneeling in prayer before the statue of the revered Madonna, with the photograph of a loved one in hand, in the small chapel of St. Barnabas in Perugia (Italy), when he was attacked by five “immigrants.” The…Continue Reading

At new in-flight press conference Francis says good Catholics are not required ‘to be like rabbits’

Catholics fail to practise “responsible parenthood” when they have too many children, Pope Francis has said during an in-flight press conference on the way home from Manila. He also denounced the teaching of “gender theory” in schools, likening it to…Continue Reading

CRUX’s “spirituality columnist” is “devastated” the Pope upholds Catholic teaching

Margery Eagan appears to be angling for a job as editor of National “Catholic” Reporter. Or perhaps spokesman for the LCWR: The news that Pope Francis has strongly defended the Church’s ban on artificial birth control left me, in a word, devastated. Goodness. Even…Continue Reading

St. Paul-Mpls. archdiocese declares bankruptcy in response to abuse lawsuits

The Archdiocese of St. Paul and Minneapolis filed for Chapter 11 bankruptcy protection Friday, saying it cannot meet its financial obligations from an unprecedented wave of clergy sex abuse lawsuits. The move freezes lawsuits against the church, protecting the archdiocese…Continue Reading

Pope Francis strongly defends church teaching against contraception

Pope Francis issued his strongest defense yet of church teaching opposing artificial contraception on Friday, using a rally in Asia’s largest Catholic nation to urge families to be “sanctuaries of respect for life.” Francis also denounced the corruption that has plagued…Continue Reading

Bella Dodd, who rejected Communism in favour of faith, is a lesson for young jihadis

Her story shows how easily the best human impulses can be twisted to evil Having blogged last week about John Beaumont’s book, The Mississippi Flows Into The Tiber, with all the extraordinary, uplifting and grace-filled stories of conversion that it…Continue Reading

Fox News’ Bret Baier, actor Gary Sinise cancel on Catholic group after gay gripes

FOX News Channel’s chief political anchor, Bret Baier, has shown himself to have a thinner skin than might be guessed from his on-air persona.  Baier has caved in to pressure from the homosexual activist group ‘Good as You’ to back…Continue Reading

Federal judge strikes down South Dakota’s gay marriage ban

SIOUX FALLS – A federal judge has declared South Dakota’s same-sex marriage ban unconstitutional, but has stayed the decision pending appeal. U.S. District Judge Karen Schreier on Monday issued a summary judgment in favor of the six couples who filed…Continue Reading

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 subscribe 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

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

12 Ways to Become a Committed Catholic Man

There is a Catholic “man-crisis.” Large numbers of men who were baptized Catholic have left the Church and the majority of those who remain are “Casual Catholic Men”, men who do not know the Catholic faith and don’t practice it. This large-scale failure of Catholic men to commit themselves to Jesus Christ and His Church has contributed to the accelerating…Continue Reading

Today . . .

Pope Francis: Women First And Foremost In Transmitting Faith

pope714

(Vatican Radio) The primary and indispensable role of women in transmitting the faith to new generations: this was the focus of Pope Francis’ remarks to the faithful following the readings of the day at Mass on Monday morning in the chapel of the Santa Marta residence in the Vatican. On the day when the Church celebrates the memory of Saints…Continue Reading

Pope Angelus: Jesus Wanted United Christians

(Vatican Radio) On Sunday and before the Angelus, the Pope recalled the Week of Prayer for Christian Unity and its theme, “Give me a drink”, the sentence uttered by Jesus to the Samaritan woman. He told the faithful gathered that the “desire for unity” of the disciples of Jesus is part of our “thirst not only material for water, but…Continue Reading

Pope Francis: Religious who pray for Christian unity an “invisible monastery”

(Vatican Radio) The vital role that men and women religious of different Christian Churches play in the ecumenical journey was at the heart of Pope Francis’s meeting on Saturday with participants in a conference on consecrated life and the search for Christian Unity. The three day meeting, which concludes on Sunday, comes in the context of both this Week of…Continue Reading

Pope Francis: Thursday Mass in Santa Marta

pope713

(Vatican Radio) The most important thing is not the grace of a physical healing, but the fact that Jesus saves us and intercedes for us: this was the focus of Pope Francis’ remarks following the readings of the day at Mass on Thursday morning in the chapel of the Santa Marta residence in the Vatican. Commenting on the Gospel of…Continue Reading

A Book Review… Dietrich Von Hildebrand’s Heroic Witness In Perilous Times

By STEPHANIE BLOCK My Battle Against Hitler: Faith, Truth, and Defiance in the Shadow of the Third Reich by Dietrich von Hildebrand. Translated and edited by John Henry Crosby with John F. Crosby, Image Books (2014); $28.00; 335 pages. My Battle Against Hitler, a posthumously published memoir and collection of essays by “20th century Doctor…Continue Reading

“I Can’t Breathe”… The Plight Of The Preborn

By REY FLORES (Editor’s Note: This article is reprinted from www.all.org, the website of American Life League. All rights reserved.) + + + This past year has seen race relations decline as a result of a well-orchestrated attempt by a corrupt government that wants to divide us at all costs. And the propaganda peddlers known…Continue Reading

“Flee Immorality,” Church Unity, & Right To Life March

By JOHN F. KIPPLEY (Editor’s Note: John F. Kippley is the author of Sex and the Marriage Covenant: A Basis for Morality and other books and articles. With his wife Sheila, he is a coauthor of Natural Family Planning: The Complete Approach and cofounder of NFP International. This commentary appeared on his January 18 blog…Continue Reading

A Book Review . . . Christianity’s Gift To The World

By JUDE DOUGHERTY Siedentop, Larry. Inventing the Individual: The Origins of Western Liberalism. Cambridge, MA, Harvard University Press, 2014. Pp. viii + 434. Does it still make sense to still talk about the West in what some call a “post-Christian world”? Larry Siedentop, emeritus fellow of Keble College, Oxford, asks, “Can the West still be…Continue Reading

Author And Monk Thomas Merton Turns 100

By RAY CAVANAUGH The most famous Trappist monk of the 20th century was not originally a Catholic. Thomas Merton, born 100 years ago this January 31, was baptized first in the Church of England. Both of his parents were artists: His father was from New Zealand and his mother was from the U.S. Merton was…Continue Reading

Advertisement

Our Catholic Faith (Section B of print edition)

A Leaven In The World.. Papal Bloopers And Catholic Teaching

By FR. KEVIN M. CUSICK Pope Francis continues to grab headlines, not only by setting a new record for drawing the largest crowd in history, but also by his question and answer sessions on the planes to and from his pastoral visits. On the plane to the Philippines, the Pope responded to questions about free speech and violent responses to…Continue Reading

Mary’s Perpetual Virginity . . . The Faith Of The Early Christians

By RAYMOND DE SOUZA, KM Part 6 What did the Early Christians believe about the Catholic doctrine on the perpetual virginity of the Mother of Jesus? Those men, women, and children who sacrificed everything for the true faith — even their very own lives? They were imprisoned, tortured, murdered. Some were burned alive, racked, beheaded. Others were crucified, flayed alive,…Continue Reading

I Believe — We Believe

By DON FIER Over the past three weeks of this series on the Catechism of the Catholic Church (CCC), we have been reflectively examining the characteristics of the indescribably wonderful gift of faith that Almighty God has so generously availed mankind. As so adeptly summarized in the Compendium of the CCC, we know that faith is “the supernatural virtue which…Continue Reading

Catholic Replies

Q. I remember a nun telling us back in Catholic school that after God ejected Adam and Eve from the Garden of Eden, He promised that He would eventually send them a Messiah. Where is that in the Bible? — M.R., Indiana. A. In chapter 3 of the Book of Genesis. Actually, the promise was made before God expelled our…Continue Reading

Joy And Fulfillment

By FR. ROBERT ALTIER Fourth Sunday In Ordinary Time (YR B) Readings: Deut. 18:15-20 1 Cor. 7:32-35 Mark 1:21-28 In the first reading today God makes a promise and a command. He promises that He will raise up for the people a Prophet like Moses. At the same time, He requires that the people will listen to that Prophet because…Continue Reading

Catholic Heroes . . . St. Anthony Of Egypt, Abbot

By CAROLE BRESLIN While we can understand that God is infinite, it is difficult to comprehend the stretch of such infinity. Certainly our finite minds cannot begin to comprehend it. Hence, since our minds our finite, the more we have cluttering our minds with worldly affairs such as possessions, relationships, and activities, the less time and room we have in…Continue Reading

Catholic Heroes . . . St. Stephen, Protomartyr

By CAROLE BRESLIN In the popular Christmas carol, The Twelve Days of Christmas, a different gift is given for each of the twelve days of Christmas. This celebration of twelve days begins with December 26, the Feast of St. Stephen, and ends with the Epiphany, traditionally celebrated on January 6. The Catholic Church celebrates the Christmas octave, eight days of…Continue Reading