Organizing for America | Paradigm Shift: Statement on H.R. 3773

Statement on H.R. 3773

By Paradigm Shift - Jul 6th, 2008 at 3:44 pm EDT

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FISA Amendments Act of 2008

14 March 2008

Rep. Ron Paul, M.D.

Mr Speaker, I rise in opposition to this latest attempt to undermine our personal liberties and violate the Fourth Amendment of the Constitution. This bill will allow the federal government to engage in the bulk collection of American citizens' communications. In effect, it means that any American may have his electronic communications monitored without a search warrant.

As such, the bill clearly violates the Fourth Amendment, which states:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The assurances in this bill that Americans will not have their communications monitored without warrant are unconvincing. The bill merely states that the government should do its best to avoid monitoring Americans if possible. We have seen how meaningless such qualified prohibitions have been as we recount the abuses over the past several years.

Just today, we read in the news that the federal government has massively abused its ability to monitor us by improperly targeting Americans through the use of "national security letters." Apparently some 60 percent of the more than 50,000 national security letters targeted Americans, rather than foreign terrorists, for surveillance.

This is what happens when we begin down the slippery slope of giving up our constitutional rights for the promise of more security. When we come to accept that the government can spy on us without a court order we have come to accept tyranny.

I urge my colleagues to reject this and all legislation that allows Americans to be spied on without a properly issued warrant.

Statement on HR 6304, the Foreign Intelligence Surveillance Act (FISA) Amendments

20 June 2008

Rep. Ron Paul, M.D.

Madam Speaker, I regret that due to the unexpected last-minute appearance of this measure on the legislative calendar this week, a prior commitment has prevented me from voting on the FISA amendments. I have strongly opposed every previous FISA overhaul attempt and I certainly would have voted against this one as well.

The main reason I oppose this latest version is that it still clearly violates the Fourth Amendment of the Constitution by allowing the federal government to engage in the bulk collection of American citizens' communications without a search warrant. That US citizens can have their private communication intercepted by the government without a search warrant is anti-American, deeply disturbing, and completely unacceptable.

In addition to gutting the fourth amendment, this measure will deprive Americans who have had their rights violated by telecommunication companies involved in the Administration's illegal wiretapping program the right to seek redress in the courts for the wrongs committed against them. Worse, this measure provides for retroactive immunity, whereby individuals or organizations that broke the law as it existed are granted immunity for prior illegal actions once the law has been changed. Ex post facto laws have long been considered anathema in free societies under rule of law. Our Founding Fathers recognized this, including in Article I section 9 of the Constitution that "No bill of attainder or ex post facto Law shall be passed." How is this FISA bill not a variation of ex post facto? That alone should give pause to supporters of this measure.

Mr. Speaker, we should understand that decimating the protections that our Constitution provides us against the government is far more dangerous to the future of this country than whatever external threats may exist. We can protect this country without violating the Constitution and I urge my colleagues to reconsider their support for this measure.

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