Civil libertarians do not deny that FISA hampers our ability to counter terrorists. Citing the abuses alleged by the Church Committee, however, they … - Mark Riebling

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Civil libertarians do not deny that FISA hampers our ability to counter terrorists. Citing the abuses alleged by the Church Committee, however, they argue that chronic insecurity is the price we must pay to preserve our liberties. But the United States was not a fascist dictatorship before Ted Kennedy and Jimmy Carter rode to the rescue. Our current surveillance rules are nether constitutionally required, nor traditionally American. They were observed neither by Senator Kennedy's elder brothers, nor by any presidents or attorneys general before the Carter presidency. For the first two centuries of our country's history, threats to our national security were countered without warrant. And the Supreme Court, from Olmstead v. U.S. (1928) to U.S. v. U.S. District Court (1972), has allowed warrantless surveillance in national security, as opposed to criminal, investigations.