Judge Napolitano on the NSA Scandal



In 30 years, from 1979 to 2009, the legal standard for searching and seizing private communications—the bar that the Constitution requires the government to meet—was lowered by Congress from probable cause of crime to probable cause of being an agent of a foreign power to probable cause of being a foreign person to probable cause of communicating with a foreign person. Congress made all these changes, writes Andrew Napolitano, notwithstanding the oath that each member of Congress took to uphold the Constitution