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CIAO DATE: 12/5/2006
Preemptive Surveillance
James Q. Wilson
August 2006
Abstract
Contrary to the opinions of some politicians and judges, federal surveillance of international communication involving American citizens is Constitutional. Its intention is to intercept terrorists and protect Americans. Such activity does not threaten the Constitution--rather, it preserves it.
Federal district court Judge Anna Diggs Taylor has ruled that the warrantless interception of telephone and Internet calls between a foreign agent and American persons is illegal and unconstitutional. It is possible that she is right about the illegality, but she is almost surely wrong that it is unconstitutional. The government has appealed this decision to the Sixth Circuit. No one can say what it will decide, although other appeals courts have tolerated such surveillance. Ultimately the Supreme Court will have to decide the matter.