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