Foreign Intelligence And Surveillance Act Of 1978 Essay

1014 Words Nov 14th, 2016 5 Pages
Perhaps the most interesting and most controversial aspect to the Foreign Intelligence and Surveillance Act and the Foreign Intelligence and Surveillance Courts, is not their mere existence, rather it 's the way the federal government was able to manipulate the law in order to establish their dominance. With so few Americans being familiar with FISA, the government was able to take any practical approach it pleased because of the severe limit on any external forces. It becomes contradictory in a way considering America is a country that holds a firm belief that the power is in the hands of its people, and yet an extreme amount of power was delegated to the FISC without the majority of Americans even knowing. Our country is prideful in its democrat ices practices and yet a major component of our government was created and functions with very little democratic input.

How was the Conflict legally framed?
As previously mentioned, the provisions of FISC were established through the Foreign Intelligence Surveillance Act of 1978. The legislation was passed in response to a report that had been filed claiming that the executive branch had been operating with unrestricted power while conducting electronic surveillance. The government argued it was only doing what was strictly necessary in order to ensure national security. Congress was also under the advisement on the Supreme Court of 1972, in which the Court offered that, because of protections granted by the Fourth Amendment,…

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