A Lady's Ruminations

"Jane was firm where she felt herself to be right." -Jane Austen, Pride and Prejudice


Monday, January 23, 2006

Here's Your Authority

Great post at Mark Levin's blog "And Another Thing . . .," titled Supreme Questions.

Here's the first part:
My friend Andy McCarthy wrote a great piece not long ago listing numerous examples of court-created and recognized exceptions to the warrant requirement for searches of U.S. citizens during peace-time. Where did the Supreme Court get the power to make such exceptions? And who checks the power of the justices? Of course, the judicial oligarchs (a.k.a. judicial activists, a.k.a. judicial supremists) don't much care. It never ceases to amaze me how willing we are to accept decisions of nine unelected lawyers in black robes, with few in the mainstream media questioning their authority, while pouncing quickly on a president who is exercising his legitimate constitutional authority to protect the nation from an enemy who has already killed 3,000 of us. Indeed, the president's critics speak of him pushing the edges of executive authority for his unwillingness to cede his commander-in-chief power to judges.
And here is Andy McCarthy's piece:
When not cavalierly talking "impeachment," here's the Left's talking point of the day:

What makes this president think he can invade the privacy of Americans without a warrant?

I don't know. Could it be the powers, long recognized by federal law, to:

  • Detain American citizens for investigative purposes without a warrant;
  • Arrest American citizens, based on probable cause, without a warrant;
  • Conduct a warrantless search of the person of an American citizen who has been detained, with or without a warrant;
  • Conduct a warrantless search of the home of an American citizen in order to secure the premises while a warrant is being obtained;
  • Conduct a warrantless search of, and seize, items belonging to American citizens that are displayed in plain view and that are obviously criminal or dangerous in nature;
  • Conduct a warrantless search of anything belonging to an American citizen under exigent circumstances if considerations of public safety make obtaining a warrant impractical;
  • Conduct a warrantless search of an American citizen's home and belongings if another person, who has apparent authority over the premises, consents;
Read the rest of McCarthy's 27 powers the government has here.

I also recommend this post at The Foundation for the Defense of Democracies (and the accompanying link to an editorial) about FISA.