(C) Kapok Tree Diplomacy. Apr 2012. All rights reserved. Jeff Dwiggins
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The Framers for their part did have a lot to say about the delineation of powers in these areas. The Constitution is a good place to start in determining how those powers are enumerated and what limits if any apply to them. 
The Fourth Amendment to the Constitution says:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” (Passed 12/15/1791).
The Fourteenth Amendment to the Constitution says:
“nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” (Passed 7/9/1868)
These amendments lay out the case for citizens’ right to privacy and limits on government instrusion in this matter without spelling out what constitutes “unreasonable.” Thus, if the President can save millions of lives by wiretapping a suspected terrorist under FISA, is this “reasonable?” Read more
