Last week, Sen. Bernie Sanders, I-Vt., wrote to Gen. Keith Alexander, director of the National Security Administration (NSA), and asked plainly whether the NSA has been or is now spying on members of Congress or other public officials. The NSA's refusal to answer Sanders' question directly is a tacit admission, because we are all well aware that the NSA collects identifying data on and the content of virtually every email, text message and phone call sent or received in the U.S. That raises a host of constitutional questions, points out Andrew Napolitano. Under the Constitution, Congress and the executive branch are equals. The president—for whom the NSA works—can no more legally spy on members of Congress without a search warrant about the members to be spied upon than Congress can legally spy on the president.
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The MORE Act, which would repeal federal prohibition, is scheduled for a vote this week.