Shredding the Constitution One Page At A Time

[Leigh Meyers <leighcmeyers@xxxxxxxxx>]

Yesterday it was Habeus Corpus, and the right to trials for detainees
and terror "suspects".

Today:

[JURIST] The US House of Representatives passed the Electronic
Surveillance Modernization Act
<http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:h5825eh.txt.pdf>
[HR 5825 text, PDF] Thursday night, voting 232-191
<http://clerk.house.gov/cgi-bin/vote.asp?year=2006&rollnumber=502> [roll
call] mostly along party lines. The bill, approved by the House
Judiciary Committee
<http://jurist.law.pitt.edu/paperchase/2006/09/domestic-surveillance-bill-advances-to.php>
[JURIST report] last week, specifies when and how the president can
order the use of warrantless surveillance
<http://jurist.law.pitt.edu/currentawareness/surveillance.php> [JURIST
news archive]. Under the legislation, warrantless surveillance would be
justified following an "armed attack" or a "terrorist attack," or if the
president perceives an "imminent threat of attack." The government could
use the measures for up to 90 days after an armed attack and up to 90
days when the president declares an imminent threat. Warrantless
surveillance could be extended indefinitely by 90-day periods with
congressional and court oversight.

Critics of the legislation argue that it would grant too much authority
to the executive branch and threatens the civil liberties of Americans,
while supporters believe it would improve congressional oversight and
make the nation safer. Rep. John Conyers <http://www.house.gov/conyers/>
(D-MI) [official website] charged that provisions in the bill's fine
print grant the administration authority to "demand personal records
without court review" and hinder legal action against wiretapping. The
Senate has so far been unable to agree on its own measure
<http://jurist.law.pitt.edu/paperchase/2006/09/domestic-surveillance-bill-stalls-in.php>
[JURIST report] and is considered unlikely to pass legislation before
the November elections, which would leave the matter hanging. The
current unapproved Senate version
<http://www.thomas.gov/cgi-bin/query/z?c109:S.3876:> [S 3876 text] is
broader than the House legislation, granting the president more power to
conduct wiretaps.

Reuters has more
<http://reuters.myway.com/article/20060929/2006-09-29T031440Z_01_N28250028_RTRIDST_0_NEWS-SECURITY-EAVESDROPPING-LAW-DC.html>.