Friday 28th August 2015

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

Comment on this Article:

Untitled 3

Pope FrancisAn Open Letter To His Holiness Pope Francis      Given the controversy and confusion surrounding the 2014 Synod on the Family, the staff of The Wanderer and its supporters thought it appropriate to address Pope Francis with an open letter . . .

If You Still Support Planned Parenthood, You Are Simply Not A Decent Person

Another Planned Parenthood video has been released. I promised I would write about every new video that comes out, so here is my write up on the latest. Please read and share. I don’t usually ask you to share things…Continue Reading

“Catholic” Group Sends Cakes to Thank Planned Parenthood Staff After It Sells Aborted Babies

Apparently, Catholics for Choice want their friends at Planned Parenthood to know how appreciated they are since they will be “harassed” tomorrow at the protests across the country regarding their organ harvesting business.  As LifeNews previously reported, tens of thousands…Continue Reading

Facebook’s very (very) suspicious ‘trending’ Planned Parenthood story

Update Aug. 20, ’15 at 7:54 AM EST: I woke up this morning, and lo and behold, the “trending” news topic had changed. It now reads, “7th video critical of organization released by anti-abortion group.” That’s more like it. I…Continue Reading

Questions raised after pro-life activist Twitter accounts suspended without warning: one now restored

ONTARIO, August 20, 2015 (LifeSiteNews) — A pro-life activist campaigning against Liberal leader Justin Trudeau’s abortion extremism as well as a pro-life organization on a mission to show the violent reality of abortion through large graphic billboards had their Twitter…Continue Reading

Archbishop Cordileone thankful for San Francisco teacher contract agreement

San Francisco, Calif., Aug 23, 2015 / 06:07 am (CNA/EWTN News).- Efforts to promote Catholic culture in the San Francisco archdiocese’s high schools and to agree on a contract acceptable for the schools’ teachers concluded on Wednesday with a new…Continue Reading

Catholic Priests’ Forgotten Flock: Catholic Men

The New Emangelization Project has documented that a key driver of the collapse of Catholicism in the U. S. is a serious and growing Catholic “man-crisis”.[1] One third of baptized Catholic men have left the faith and the majority of…Continue Reading

Shortages in Venezuela mean priests are running out of Hosts

Caracas, Venezuela, Aug 15, 2015 / 03:33 pm (CNA/EWTN News).- Venezuela’s ongoing economic crisis has hit the Church in a unique way: the production of Hosts fell 60 percent during the past month, affecting three states in the South American…Continue Reading

Do We really need a new day dedicated to the environment?

The Pope has decided in the wake of his well received encyclical on the environment to institute a World Day of Prayer for the Care of Creation. This day will take place on 1st September. At present the 1st September…Continue Reading

There is no equivalence

Here’s a simple exercise in basic reasoning. On a spectrum of bad things to do, theft is bad, assault is worse and murder is worst. There’s a similar texture of ill will connecting all three crimes, but only a very…Continue Reading

Syrian Bishop: on kidnapping of Christians from Qaryatain

(Vatican Radio) The Chaldean Bishop of Aleppo in Syria, Antoine Audo says he believes the so-called Islamic State fighters are seeking to push Christians out of Syria and spread terror everywhere. He also warned that if the war continues, as…Continue Reading

Archbishop Cupich will attend synod, Vatican source says

Vatican City, Aug 7, 2015 / 12:35 pm (CNA).- Originally selected as an alternate synod delegate, Archbishop Blase Cupich of Chicago will in fact be an attendee at the Vatican gathering on the family this fall, a Vatican source told…Continue Reading

A word of caution about the Society of Saint Pius X

Bishop’s Column Written by Robert C. Molrino, Bishop of Madison Thursday, Aug. 06, 2015 — 12:00 AM The 50 years since the close of the Second Vatican Council have been tumultuous for the Church. Forces both inside and outside of…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

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 . . .

Lex Cordis Caritas – The law of the heart is Love

God’s greatest and most beloved treasure is human life by Bishop Thomas John Paprocki The Bible points us to the truth of what lies at the heart of every moral teaching of Jesus Christ and his church. In the Letter of St. Paul to the Ephesians, we hear him warn the people to “[w]atch carefully how you live” (Ephesians 5:15). He does this not because he wants to control their lives, dictating what they can…Continue Reading

Pope to parents: find time for prayer in busy family life

(Vatican Radio) Pope Francis on Wednesday continued his reflections on family life, focusing especially on the importance of finding time for prayer. Greeting visitors from many different countries, gathered for the weekly General Audience in St Peter’s Square, the Pope said families often experience difficulty in devoting time for prayer. But he said a heart filled with the love of God can make even a silent thought or small gesture of devotion into a moment…Continue Reading

Thousands Rally at Planned Parenthoods for End to Tax Payer Funding

United States of America, August 24, 2015 (ZENIT.org) Staff Reporter A national day of protest took place Saturday at Planned Parenthoods across the United States as the federal and local governments are being asked to defund the abortion giant. Though there has been an ongoing call for an end to tax payer funding of Planned Parenthood for years, Saturday’s rallies came in response to a series of undercover videos that have been released in recent…Continue Reading

Angelus address: “Lord, to whom shall we go?

pope9

(Vatican Radio) Below you can find the full text of Pope Francis’ address at the Angelus on Sunday 23 August 2015: Today is the conclusion of the readings from the sixth chapter of the Gospel of St John, with the discourse on the “Bread of Life,” proclaimed by Jesus on the day after the miracle of the multiplication of the loaves and fishes. At the end of that discourse, the great enthusiasm of the day…Continue Reading

Kenneth D. Whitehead, RIP . . . A Personal Tribute To An Outstanding Layman

By JAMES LIKOUDIS Last April, the Church in the United States lost to cancer one of its most dedicated and well-informed laymen. His life was dedicated to defending the faith from the major errors that have afflicted the Church in the postconciliar period. I had the great privilege of working with Ken Whitehead when for…Continue Reading

Neither Left Nor Right, But Catholic… Same-Sex “Marriage” And The Crisis Of Leadership

By STEPHEN M. KRASON (Editor’s Note: Stephen M. Krason’s Neither Left nor Right, but Catholic column appears monthly [sometimes bi-monthly]. He is professor of political science and legal studies and associate director of the Veritas Center for Ethics in Public Life at Franciscan University of Steubenville. He is also co-founder and president of the Society…Continue Reading

A Book Review . . . Carry On The Fight With Faith

By ANNE W. CARROLL Robert C. Cetrulo, J.D. On the Gift of Life, From Eden to Eternity. Northern Kentucky Right to Life Educational Foundation, Inc., P.O. Box 1202, Covington, KY 41012, 2015. 189 pp. $10.00. “I tell you not for your comfort, yea not for your desire,/ Save that the sky grows darker yet, and…Continue Reading

A Book Review… Sainthood In Married Life

By MITCHELL KALPAKGIAN The Journey of Our Love: The Letters of Saint Gianna Beretta and Pietro Molla, edited by Elio Guerriero (Pauline Books & Media, Boston: 2014); 282 pp.; $17.95. Available through www.pauline.org. Many know the courageous story of St. Gianna’s sacrifice of her life for the sake of her newborn fourth child and recall…Continue Reading

Immigration: Issue Of The Century

By PATRICK J. BUCHANAN “Trump’s immigration proposals are as dangerous as they are stunning,” railed amnesty activist Frank Sharry. “Trump . . . promises to rescind protections for Dreamers and deport them. He wants to redefine the constitutional definition of U.S. citizenship as codified by the 14th Amendment. He plans to impose a moratorium on…Continue Reading

Advertisement

Our Catholic Faith (Section B of print edition)

A Blindness In The Heart

By FR. ROBERT ALTIER Twenty-Third Sunday In Ordinary Time (YR B) Readings: Isaiah 35:4-7a James 2:1-5 Mark 7:31-37 In the first reading God speaks through the Prophet Isaiah telling the people that those whose hearts are frightened should be strong and not afraid because God is with them. He then says that on that day the eyes of the blind…Continue Reading

Novena To Our Lady Of Knock . . . The Family Is Reason To Give Thanks

By MOST REV. KEVIN DORAN KNOCK, Ireland (ZENIT) — Here is the homily given Sunday, August 16 by Bishop Kevin Doran for the 2015 National Novena to Our Lady of Knock, which lasted through August 22. The theme was “Always and Everywhere Giving Thanks — The Gift of the Family.” Bishop Doran heads the Diocese of Elphin, Ireland. ZENIT News…Continue Reading

A Leaven In The World… Our Persecuted Faithful Desire Leadership In Tradition

By FR. KEVIN M. CUSICK Many of our Catholic people today are very insecure in their faith and thus needlessly fearful because they are without the experience of the presence of God in an abiding way. Whether because of Islamic terrorism which is committing genocide against Eastern Christians or attacks through a newly re-paganized society and our unjust and anti-Christian…Continue Reading

An Apologetics Course . . . Jesus’ Greatest Miracle: His Resurrection

By RAYMOND DE SOUZA, KM Part 16 If we take the Gospels as simple historical records about the life of a Galilean preacher, we’ll find in them a remarkable entry: They say that the man died and rose again. He was crucified, had His side pierced after death, and was buried. No doubt about it. The tomb was found empty,…Continue Reading

Ecclesial Ministry In The Church

By DON FIER The Christian faithful, as we saw last week, are comprised of all who have been incorporated in Christ through the saving waters of Baptism. As taught by the Catechism of the Catholic Church (CCC): “From the baptismal fonts is born the one People of God of the New Covenant, which transcends all the natural or human limits…Continue Reading

Catholic Heroes . . . St. Aidan

By CAROLE BRESLIN The Church names many saints as patrons of certain professions, troubles, or countries. St. Benedict is the patron saint of Europe. As the father of Western monasticism, he is credited with building Western civilization. St. Catherine of Siena is also a patron of Europe since she played important roles in settling both civil and ecclesiastical disputes. St.…Continue Reading

Catholic Heroes… St. Bernard Of Clairvaux

By CAROLE BRESLIN In the Gospel of John, during the Last Discourse at the Last Supper, our Lord prays for unity. Jesus said: “that they may be one even as we are” (John 17:11). During the most challenging times of Church history, God has sent men to restore peace to His Church. Certainly St. Bernard of Clairvaux should be counted…Continue Reading