Watchdog – by Josh PetersonWASHINGTON, D.C. — Certain states are considering legislation that would criminalize helping the National Security Agency, but ironically, none other than the U.S. Constitution might put a stop to that.
Two days before President Obama was scheduled to announce reforms to NSA’s collection activities, lawmakers in Washington state last week joined the growing chorus of state legislators across the country looking to rein in the agency’s powers with whatever legal tools were at their disposal.
Basing their reasoning on what is called the Anti-Commandeering Doctrine, Washington state Rep. David Taylor, R-Moxee, and Luis Moscoso, D-Mountlake Terrace, dropped a bill that would criminalize state officials and state government contractors providing material support and state assistance to the federal government’s warrantless electronic surveillance activities.
While those concerned about the federal government’s electronic spying activities are quick to cite the Fourth Amendment as their defense, in this case, the U.S. Constitution also might side with the federal government in keeping a potential local lawbreaker out of jail.
Bradley Moss, a Washington, D.C.-based national security lawyer, told Watchdog.org in a recent interview that he believed the courts would view the debate as a “Supremacy Clause” issue.
The Supremacy Clause — Article 6, Clause 2 of the Constitution — defers authority to the federal government in the event that an actual conflict over power between the federal and local governments takes place.
“Given the existing precedent, it is my professional view that the courts would view this as a Supremacy Clause issue,” said Moss, “that it would preempt the Washington (state) statute, that you can’t criminalize actions by state officials attempting to coordinate with the federal government in a lawful exercise of its national security and foreign intelligence activities.”
Moss said that the issue was “tricky” from both a political and legal standpoint.
“That’s why that clause was specifically put there,” he said, “to prevent the state from obstructing the federal government’s ability to do what it is authorized to do by the Constitution itself.”
Contact Josh Peterson at jpeterson@watchdog.org and follow him on Twitter at @jdpeterson
My Fellow Patriots:
More commie hogwash.
The NSA is a wholly treaonsous and illegal organization,.. period.
The excuse given that the Constitution some how protects those dirt bags is nothing but commie drivel:
“The Supremacy Clause — Article 6, Clause 2 of the Constitution — defers authority to the federal government in the event that an actual conflict over power between the federal and local governments takes place.”
THERE IS NO CONFLICT OVER THE FACT THE NSA IS A CRIMINAL ORGANIZATION,… AND ALL OF ITS EMPLOYEES SHOULD BE ARREST, TRIED AND CONVICTED FOR TREASON,…. NOW!
Hope that clears up the commies non-argument.
JD – US Marines – Has anyone noticed that whenever the commies are breaking the law and commiting treason,… its because it’s Constitutional,… but when they refuse to uphold the Constitution and obey it,… it because, “The Constitution says nothing about that”!
Ya know as much as it pains me to say it,Boy George Bush was right when he said the Constitution is nothing but a Goddamned piece of paper.The constitution doesn’t give you rights but examines and states the rights you are born with.Therein lies its power.The power of the Constitution is cradled in natural rights that we are born with,not vice versa.Believe me if we don’t have to foot the bill for Big Brother nobody will starve but the state itself.Good riddance.Maybe when they’re gone there will be something on t.v. so me and the old lady will get along ’cause she loves t.v. while she complains that there’s nothing on to the tune of about $130 a month.Then she bitches,”You and that damned computer!”I swear to God women’s liberation diminished women and emasculated men.I think there should be a reality show called “the things we have to thank Zionism for” and then have real jews host the show.
And therein lies the fault of any Constitutional government.The state eventually becomes the sole arbiter of the limits its own authority.The inevitable conclusion is always that there aren’t any.You were born free and there isn’t a soul who can change that except your own soul.You think you were born to be a slave and then the constitution saved your ass?You got it backwards.
“That’s why that clause was specifically put there,” he said, “to prevent the state from obstructing the federal government’s ability to do what it is authorized to do by the Constitution itself.”
BULLSHIT! BULLSHIT! BULLSHIT!
NSA is an unconstitutional entity, so therefore using the Supremacy Clause for it is not only UNCONSTITUTIONAL, but TREASON!!!