Constitution
688 Articles
More Executive-Minded than the Executive
The English judiciary continues to show its habit of subservience to the government on security matters. In August 2013, David Miranda, who was carrying a hard disk with files…
Letter to the Editor: Schrödinger’s Metadata
Earlier this week, Charles A. Blanchard floated a provocative idea: “As strange as it may seem, quantum mechanics might help us illuminate the best approach to restrictions on…
Prediction: Fourth Amendment Evolves in 2014
When should courts follow legal precedent and when should the law change? This is a debate that underlies this month’s contrary decisions about the constitutionality of government…
Does Klayman Need to Cross-Appeal Judge Leon’s Ruling?
In yesterday’s post, I explained why, in my view, the far more vulnerable aspect of Judge Leon’s Monday ruling issuing a preliminary injunction against the bulk telephony…
Judge Leon and the Shocking Scope of the NSA’s Surveillance Program
U.S. District Court Judge Richard Leon’s decision on Monday finding that the NSA’s telephony metadata program is likely unconstitutional is a welcome and important recognition…
Why the Constitutional Holding in Klayman Wasn’t Necessary
24 hours later, Judge Leon’s 68-page opinion issuing (and then staying) a preliminary injunction against the NSA’s bulk telephony metadata program continues to generate…
Latest Snowden Documents Show NSA Tracks Americans’ Cell Location Data
Today’s Washington Post report that the National Security Agency (NSA) is gathering nearly 5 billion records a day on the whereabouts of cellphones around the world should light…
The FISC’s Problematic Pen/Trap Opinion on Bulk Internet Metadata Collection
The latest round of Foreign Intelligence Surveillance Court opinions released under the Freedom of Information Act includes what, for many surveillance wonks, has been the white…
Making Sense of the NSA Metadata Collection Program (Part II)
In a previous post here on Just Security, I discussed the constitutionality of the National Security Agency (NSA) program that sweeps up detailed “metadata” pertaining to essentially…
Live Feed of HPSCI Hearing on Potential Changes to FISA [Update: hearing now complete]
[Update (5:15 pm): The HPSCI Hearing on Potential Changes to FISA is now complete. Recorded video of the hearing testimony is provided below in two parts, due to the length of…
We All Go Down Together: NSA Programs Overseas Violate Americans’ Privacy, Yet Escape FISC, Congressional Oversight
Ongoing revelations show that significant NSA surveillance activities take place outside of either Foreign Intelligence Surveillance Court (FISC) or congressional oversight, even…
Al-Liby: Male Captus, Bene Detentus?
Further to Marty’s post today on the question of Libya’s consent vel non to the recent al-Liby operation, we should also call attention to a long-withheld OLC opinion (13 U.S.…