Congress Decides Fourth Amendment Is Outdated 256-164

The U.S. House of Representatives voted 256-164 to renew the controversial Section 702 of the Foreign Intelligence Surveillance Act (FISA). This section of the Act allows U.S. intelligence agencies to listen in on phone calls, to read emails and more of non-U.S. citizens. It’s controversial because the National Security Agency (NSA) and other agencies also listen in on an unknown number of communications from American citizens—something the Fourth Amendment was written to keep the government from doing unless it first obtains a warrant from a court.

President Donald J. Trump first posted on Twitter: “This is the act that may have been used, with the help of the discredited and phony Dossier, to so badly surveil and abuse the Trump Campaign by the previous administration and others?”

Trump soon clarified his position by Tweeting: “With that being said, I have personally directed the fix to the unmasking process since taking office and today’s vote is about foreign surveillance of foreign bad guys on foreign land. We need it! Get smart!”

Many Democrats and some Republicans wanted to amend the act to prevent the government from stepping right over the Fourth Amendment—45 Republicans and 119 Democrats voted against the renewal of this legislation.

“In light of the significant concerns that have been raised by members of our caucus, and in light of the irresponsible and inherently contradictory messages coming out of the White House today, I would recommend that we withdraw consideration of the bill today, to give us more time to address the privacy questions that have been raised, as well as to get a clear statement from the administration about their position on the bill,” said Rep. Adam Schiff (D-CA), who is the top Democrat on the House Intelligence Committee.

Before approving a six-year extension of the law, the House voted 233 to 183 to kill an amendment designed to protect Americans civil liberties. This amendment would have required officials to get warrants in most cases before intercepting and reading emails and more of U.S. citizens. This amendment was proposed by Rep. Justin Amash (R-Mich).

The vote was a victory for Republican establishment. House Speaker Paul D. Ryan had blocked the House from considering a compromise bill.