UNCONSTITUTIONAL

As I am sure most of you know by now, a federal court judge in Michigan has declared the NSA warrantless domestic spying unconstitutional.

Here's the Injunction:

IT IS HEREBY ORDERED that Defendants, its agents, employees, representatives, and any other persons or entities in active concert or participation with Defendants, are permanently enjoined from directly or indirectly utilizing the Terrorist Surveillance Program (hereinafter “TSP”) in any way, including, but not limited to, conducting warrantless wiretaps of telephone and internet communications, in contravention of the Foreign Intelligence Surveillance Act (hereinafter “FISA”) and Title III;

IT IS FURTHER ORDERED AND DECLARED that the TSP violates the Separation of Powers doctrine, the Administrative Procedures Act, the First and Fourth Amendments to the United States Constitution, the FISA and Title III;

IT IS ALSO ORDERED that Defendants’ Motion for Summary Judgment is GRANTED with respect to Plaintiffs’ data-mining claim and is DENIED regarding Plaintiffs’ remaining claims;

IT IS ALSO ORDERED that Plaintiffs’ Motion for Partial Summary Judgment is GRANTED in its entirety.

IT IS SO ORDERED.

Bush has violated the Separation of Powers doctrine, the Administrative Procedures Act, the First and Fourth Amendments to the United States Constitution, the FISA and Title III.

Here's the opinion.

Via TPMmuckraker here's something from page 33:

The President of the United States, a creature of the same Constitution which gave us these Amendments, has undisputedly violated the Fourth [Amendment] in failing to procure judicial orders as required by FISA, and accordingly has violated the First Amendment Rights of these Plaintiffs as well.

Undisputedly violated the Fourth Amendment.

From page 40:

The Government appears to argue here that, pursuant to the penumbra of Constitutional language in Article II, and particularly because the President is designated Commander in Chief of the Army and Navy, he has been granted the inherent power to violate not only the laws of the Congress but the First and Fourth Amendments of the Constitution, itself.

We must first note that the Office of the Chief Executive has itself been created, with its powers, by the Constitution. There are no hereditary Kings in America and no power not created by the Constitution. So all "inherent power" must derive from that Constitution.

No hereditary kings.

What was that word again? Oh yes.

IMPEACH.

Over at CNN, Jack Cafferty is saying:

This Federal district judge ruled today President Bush is breaking the law by spying on people, in this country, without a warrant. The judge said the President is violating the First Amendment to the Constitution. The Fourth Amendment to the Constitution, and the Foreign Intelligence Surveillance Act FISA, passed by Congress 1978, specifically to prevent this kind of abuse of power. It was being done before. That’s why the FISA court was created in the first place.

So what does this mean? It means President Bush violated his oath of office, among other things, when he swore to uphold the Constitution of the United States. [emphasis added]

But over at freerepublic.com, poster ArmyBratproud described it this way:

Democrat Appointed Judge Rules in Favor of Terrorism (Says NSA Anti Terror Program is Illegal)

I just saw where U.S. District Judge Anna Diggs Taylor, who was appointed in '79 just ruled that the NSA Wiretapping program, that is vital to hunting down terrorists before they can attack America, is illegal.

Well, well, well. Now we see just how dangerous liberals are.

This is another reason to NOT vote for Dems. Their wacked out liberal thinking just endangers the U.S.

God help this country if those wacko Dems win the House.

Didn't take long, did it?

Expect more of the same from the residents of wingnuttia real soon.