The FISA Amendment and The Founders
The great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. . . . It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. . . . A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions. - Federalist 51
Surely there are few Administrations in history that best demonstrate the need for these auxiliary precautions than the Bush Administration.
In writing approvingly of the FISA Amendment, Orin Kerr ignores these concerns:
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