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Argument: Argument thesis  NSA warrantless wiretapping is illegal
Node type: Node refutes parent assertion  This node refutes its parent
Parent Node: Node refutes parent assertion  FISA itself is unconstitutional
Node Text: 4th amendment prohibits unreasonable search and seizure

The key consideration is that the 4th Amendment to the Constitution does not prohibit any search and seizure, but that it prohibits "unreasonable search and seizure".

The involvement of the legislature - in enacting the FISA legislation - and the judiciary - in overseeing the conduct of the executive in its use of FISA powers - is what ensures that FISA complies with the 4th Amendment.
Node Created: Ulysses Berman — 2008-07-04 19:51:15

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