Why Do People Say FISA Goes Against The 4th Amendment?

Question

FISA is based upon a Supreme Court ruling in 1972.

In March 2006 a hearing was held that was called "Wartime Executive Powers and the FISA Court"

The most famous FISA Judge Allan Kornblum (also a constitutional expert) said: " The Supreme Court said that the Fourth Amendment was highly flexible, and that the standard for criminal, what they call ordinary crimes, what I would call traditional law enforcement, need not be the same as that for foreign intelligence collection, and that different standards for different Government purposes are compatible with the Fourth Amendment."

"As you know, in Article I, section 8, Congress has enumerated powers as well as the power to legislate all enactments necessary and proper to their specific authorities, and I believe that is what the President has, similar authority to take executive action necessary and proper to carry out his enumerated responsibilities of which today we are only talking about surveillance of Americans."

"Title III explicitly recognized presidential authority to take measures to protect national security, and in a 1972 case, United States v. United States District Court (often called the Keith case)

Answer 1

FISA is a Federal law. It's not based on a court ruling. It's the Foreign Intelligence Surveillance Act of 1978, enacted during the Carter administration. It's Public Law #95-511 and is codified as Tile 50, United States Code, Chapter 1801. And it's language, along with the execution of the law, were done to ensure that Americans were free of unreasonable searches and seizures as mandated in the Fourth Amendment. FISA has undergone two major revisions since then. In February of 1995, President William Jefferson Clinton signed Executive Order # 12949 which gave several Federal officials the authority to conduct electronic surveillance and physical searches for a period of 72 hours, without seeking a warrant from the FISA court. On December 28, 2001 The Intelligence Services Re-Authorization Act for Fiscal Year 2002 was enacted. It is Public Law #107-108. Section 314 of that law codified what President Clinton had ordered over six years earlier.
It should be noted that this act received a vote of 100-0 in the Senate on two occasions. Once on the Senate version. Once on the House-Senate Conference report. That's why I consider all of the hooting and hollering by certain members of the Senate on this topic to be so much hypocrisy.

Answer 2

Its a secret court.

WE are supposed to be a free and open government. No secret courts...or secret jails

Answer 3

You are as confused as Alberto Gonzales.
Allan Kornblum is a Facist too

Answer 4

Didn't you just answer your question.