NSA Uses Constitution to Justify Violating The Constitution

Submitted by: Susannah Cole, The Pete Santilli Show & The Guerilla Media Network

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It seems the government has no problem exploiting the constitution they now violate on a daily basis. A report released by watchdog.org and written by Josh Peterson states that the government can supersede local and state attempts to combat spying by the NSA using the supremacy clause in the constitution.

Lawmakers on a state and local level have begun pushing back at the NSA for it’s spying program on citizens basing their reason on what is called the Anti-Commandeering Doctrine.

Washington state Rep.David Taylor, R-Moxee, and Luis Moscoso, D-Mountlake Terrace, have recently dropped a bill that would criminalize state officials and state government contractors providing material support and state assistance to the federal government’s warrantless electronic surveillance activities.

While those concerned about the federal government’s electronic spying activities are quick to cite the Fourth Amendment as their defense, in this case, the U.S. Constitution also might side with the federal government in keeping a potential local lawbreaker out of jail. Bradley Moss, a Washington, D.C.-based national security lawyer, told Watchdog.org in a recent interview that he believed the courts would view the debate as a “Supremacy Clause” issue.

The Supremacy Clause — Article 6, Clause 2 of the Constitution — defers authority to the federal government in the event that an actual conflict over power between the federal and local governments takes place. “Given the existing precedent, it is my professional view that the courts would view this as a Supremacy Clause issue,” said Moss, “that it would preempt the Washington (state) statute, that you can’t criminalize actions by state officials attempting to coordinate with the federal government in a lawful exercise of its national security and foreign intelligence activities.” Moss said that the issue was “tricky” from both a political and legal standpoint. “That’s why that clause was specifically put there,” he said, “to prevent the state from obstructing the federal government’s ability to do what it is authorized to do by the Constitution itself.”

Once again it will come down to how the constitution is interpreted by lawmakers because Law professor Randy Barnett at Georgetown University had this to say in the January issue of National Journal. “State governments are free to refrain from cooperating with federal authorities if they so choose,” explained Professor Barnett, “In general, states cannot attack federal operations, but that’s not the same as refusing to help.”

Read the full article here.

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