Quote:
Originally posted by Hank Chinaski
Statutes can be repealed a whole lot easier than the Constitution can be amended. Once the statute has been reversed, isn't the reversal support that the previously proscribed acts are not unconstitutional?
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Nope. The issues are completrely unrelated. (Except perhaps to the extent that you might argue in a 4th A case that the reversal changed a person's "reasonable expectation of privacy" -- but that doesn't hold much weight.)
Quote:
Originally posted by Hank Chinaski
You say "concern" but ain't no "concern" here. If the acts are unconstitutional, then they were/are, and no statute is necessary.
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Statutes -- especially nice clear ones like FISA -- are much easier and quicker to interpret and enforce that the Constitution. They also have penalties for violations. You don't get sent back for remedial classes for violations of the Constitution.
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