Connecting the PRISM Dots: A New Theory on How PRISM Works
> "It can begin surveillance a week before making the request to the secret court, and the surveillance can continue during the appeals process if, in a rare case, the spy court rejects the surveillance application."<p>How can this be constitutional? Doesn't the 4th amendment say you need <i>probable cause</i> before spying/searching on someone? I've also read that the NSA is spying on some, and then gives the info to the FBI, "which now has probable cause". It seems to me they are doing nothing more and nothing less than fishing expeditions, which are illegal/unconstitutional. I really hope someone manages to bring the Patriot Act and FISA to the Supreme Court this time around.<p>Also, I seriously believe US needs a <i>Constitutional Court</i> to look at all passed bills by Congress, before they become laws. Congress doesn't seem to care about the Constitution anymore and just passes stuff to make all sorts of things "legal", and could be <i>a decade or two</i> before they even arrive at the Supreme Court, especially with the president trying to fight them at every turn, and with all sorts of gag orders and whatnot - rules they are making to prevent you from even suing them over it. This is becoming increasingly more common with the worst of the worst laws.<p>I know there are some arguments against Constitutional Courts, but they are working quite well in Europe, and if they have a secret FISA Court that rubber stamps all the spying anyway, how much more damage could a Constitutional Court (that would be public, obviously) do? And of course, the laws could still arrive at the Supreme Court later, and judges would still have to verify their constitutionality in trials, just like today.<p>At least Americans would have an extra check on their governments from passing all sorts of crazy laws, thinking they get away with it, and might even leave office by the time it arrives at the Supreme Court, and passing these laws days before Christmas. At least it would stop the majority of crazy laws being passed by Congress.<p>The system you have now is simply not good enough anymore. Not when Congress and the president are breaking their oath to the Constitution on a daily basis.