Liberally Conservative

"Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children and our children's children what it was once like in the United States where men were free....... ~Ronald Reagan~

Saturday, May 13, 2006

Hey Liberals - Data Mine This!

Senator Leahy (D-VT) stood at the podium on the Senate floor holding the USA Today tabloid article of ficton, once again calling for President Bush's head. Do these people getting anything of substance accomplished while sniffing blood at every turn?
California Democrat Dianne Feinstein predicts "a major constitutional confrontation" over Fourth Amendment guarantees against "unreasonable search and seizure." Michigan's John Conyers -- who would take over House Judiciary if Democrats win in November -- wants a bill to ensure that phone records are collected within the confines of FISA although data mining doesn’t involve wiretapping.
It's disturbing when politicians go on the offensive based on headlines from second rate pubications and the written word of journalists who leave out the facts for sensationalism.
In SMITH v. MARYLAND (1979) the Supreme Court held the following:
Application of the Fourth Amendment depends on whether the person invoking its protection can claim a "legitimate expectation of privacy" that has been invaded by government action. This inquiry normally embraces two questions: first, whether the individual has exhibited an actual (subjective) expectation of privacy; and second, whether his expectation is one that society is prepared to recognize as "reasonable." Katz v. United States, 389 U.S. 347 . Pp. 739-741. "there is no constitutionally protected reasonable expectation of privacy in the numbers dialed into a telephone system and hence no search within the fourth amendment is implicated by the use of a pen register installed at the central offices of the telephone company." Id., at 173, 389 A. 2d, at 867. Because there was no "search," the court concluded, no warrant was needed.
Once again, politicians make threats in hopes that diminishing poll numbers and rhetoric can bring down a presidency without total disregard for the ultimate security and safety of the American homeland.

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