On the Legality

With respect to the NSA program Rob discusses below, it is almost certainly constitutional according to Supreme Court precedent (an atrocious decision–Stevens’ decision to join will not be remembered as one of his finest hours–but nonetheless clearly controlling), but almost certainly violates federal statutes. Which, of course, will lead to yet another claim that Article II acts as a solvent that dissolves all legal constraints on the executive as long as there’s a possibility that terrorists will attack us (or, to put it more succinctly, forever.) Or, as Matt correctly puts it, “they clearly don’t think there’s any legal, practical, or moral constraint on what they’re allowed to do if they feel like it.” Which is scarier than any individual act of illegality or violation of privacy.

…more on the general topic at Unfogged.