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A comment on NSA surveillance may be legal – but it’s unconstitutional. Parent comment

Re:NSA surveillance may be legal – but it’s unconstitutional by throwaway10001 on Saturday June 22, 2013 @09:58AM (#5923593)
You have it wrong. Congress passes law to say, intercept all phone calls and store them. Until a court strikes it down is assumed constitutional and legal. You challenge it and then it becomes illegal and unconstitutional. (The court also changes its mind from time to time so it's not an exact science.)
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Re:NSA surveillance may be legal – but it’s unconstitutional by monochromatic on Saturday June 22, 2013 @10:27AM (#5923674)
It doesn't become unconstitutional when a court says so. From its inception either it is, or it isn't. The issue simply isn't decided until the court says so.
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Re:NSA surveillance may be legal – but it’s unconstitutional by rayiner on Saturday June 22, 2013 @02:16PM (#5924601)
> The issue simply isn't decided until the court says so.

Right. The NSA can make a good faith argument that they designed the program to stay within the bounds of Constitutionality. Their opinion can't override that of the Supreme Court, but until the Supreme Court rules they are entitled to try and interpret the law and act accordingly.

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Re:NSA surveillance may be legal – but it’s unconstitutional by NegativeK on Saturday June 22, 2013 @01:25PM (#5924408)
Applying binary, a priori rigor to things that are written and interpreted by humans feels like the wrong path to go down.
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Re:NSA surveillance may be legal – but it’s unconstitutional by throwaway10001 on Saturday June 22, 2013 @11:05AM (#5923823)
It doesn't become unconstitutional when a court says so. From its inception either it is, or it isn't. The issue simply isn't decided until the court says so.

From a practical point of view there's no difference, we can split hairs if you want.

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Re:NSA surveillance may be legal – but it’s unconstitutional by argumentum on Saturday June 22, 2013 @11:36AM (#5923940)
There's obviously a difference .. the SC's decision can be applied retroactively to the cases in question.
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Re:NSA surveillance may be legal – but it’s unconstitutional by genwin on Saturday June 22, 2013 @12:01PM (#5924052)
Correct. That's why every gov't worker or soldier takes an oath to support and defend the Constitution. It's up to all of us to reject obviously wrong laws.
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Re:NSA surveillance may be legal – but it’s unconstitutional by bmelton on Saturday June 22, 2013 @09:59AM (#5923597)
The only thing we have wrong is that for many years we have allowed Congress to get away with implementing laws that are clearly unconstitutional.
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Re:NSA surveillance may be legal – but it’s unconstitutional by argumentum on Saturday June 22, 2013 @10:33AM (#5923694)
> assumed constitutional and legal

Wrongly assumed.

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