Congressional Digest

Congressional Digest March 2008 No. 3 Vol. 87
Foreword

Foreign Intelligence Gathering

The Scope of Executive Branch Surveillance

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Foreword

Government surveillance of private citizens has always been controversial in America, but especially as new technologies have made it easier to discover personal information without performing a traditional physical search of properties or possessions. The Fourth Amendment to the Constitution protects "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures …" When it comes to foreign surveillance during wartime, many have argued that the President is inherently free of constitutional restraints; however, in 1972, the Supreme Court determined that warrantless wiretaps of domestic groups for national security reasons violated…

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