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by AnthonyMouse 792 days ago
> You could argue FISA should be stricter, but it can’t extend the Constitutional reach of the Fourth Amendment, nor can it contract it the way many in this thread believe it’s somehow doing.

Congress can't pass a law violating the Fourth Amendment. They can certainly pass a law constraining the executive from doing something that is otherwise constitutional, if the courts are reading the Fourth Amendment too narrowly.

They could also straightforwardly require the FISA court to publish its opinions, or have the same cases heard in ordinary federal courts with public accountability for the decisions. There is nothing in the constitution requiring secret courts.