Is the Bush data mining project constitutional?

Question

do we even know enough about it to know? does anyone in congress know?

Answer 1

Probably not. People argue using past gov actions, but lot of those gov actions they refer to have been ratified by Congress. Like suspension of habeas corpus by Lincoln. Congress ratified that. Or Japanese interim camps.

As recent revelations have shown John Ashcroft, (former US Attorney General) strongly resisted renewal of Bush's surveillance programs. I think if someone like Ashcroft resisted it I'm sure he had pretty good reasons. I'm referring to that now famous hospital visit.

Bush is basically going solo on his stuff. He is the one deciding what war on terror is. He is the one deciding what he can do or cannot do. He is decider of everything. And he is unwilling to share anything with Congress. There's something not right with that.

Bush administration have been arguing they can override all sections of US constitution because it is war time. This is no different than saying they don't need to follow any rules. With such a vague definition of this war, war on terror, one cannot help wondering if this thing is just free pass for over reaching gov power.

Answer 2

The answer is that it is nt constitutional.

The data mining operation--in and of itself--may be fine--even vital to our national security. However, the Constitution--and the entirety of related Court decisions--is clear. Surveillance requires curt oversight--specifically in the form of warrents. The data mining is not being conducted in accordance with these Constitutional requirements--and is therefore unconstitutional.

Answer 3

Yes.... mostly.

Collating, organizing and linking data that the govt already legally has access to is legal.

Some arguments are made that some of the data has been obtained illegally. But the project itself is legal when applied to legally obtained data.