The Fourth Amendment is not dead

I remember when the story first broke in 2005 that the Bush Administration had been secretly and illegally spying on ordinary Americans' phone calls and emails. The details started to unfold in mid-December, and by the time my family celebrated Christmas Eve, we were still talking about it. Even in a red county in a purple state, no one could quite believe it.

Fast forward two and a half years, and it's outrageous that Congress has done exactly the wrong thing: legalizing warrantless spying on an even greater scale, and retroactively legalizing previous lawbreaking.

I'm proud to say, however, that the ACLU is suing to stop it -- and also that, with the exception of Sen. Kennedy, who wasn't present, the entire Massachusetts Congressional delegation voted to oppose this cave-in.

For the record, the Fourth Amendment to the U.S. Constitution reads:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

It's hard to see how this law isn't unconstitutional -- but stay tuned.