Obama’s Willing Executioners of the Fourth Amendment


It’s now painfully clear that the president has put out a contract on the Fourth Amendment. And at the Capitol, the hierarchies of both parties are stuffing it into the trunks of their limousines, so each provision can be neatly fitted with cement shoes and delivered to the bottom of the Potomac.

Some other Americans are on a rescue mission. One of them, Congressman Justin Amash, began a debate on the House floor Wednesday with a vow to “defend the Fourth Amendment.” That’s really what his amendment — requiring that surveillance be warranted — was all about.

No argument for the Amash amendment was more trenchant than the one offered by South Carolina Republican Jeff Duncan, who simply read the Fourth Amendment aloud.

To quote those words was to take a clear side:

“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.”

Edward Snowden’s heroic revelations have made it possible for some House members from both parties to blow away the fog that shrouds so much tap dancing on Capitol Hill. When the Amash amendment went to the floor, there was no place left to hide.

To their historic shame, 134 Republicans and 83 Democrats voted against Amash’s amendment (while 94 Republicans and 111 Democrats voted for it). That’s how the measure lost, 217-205.

The record of the House vote tells us a lot. Top Republicans — including Speaker John Boehner, Majority Leader Eric Cantor and Majority Whip Kevin McCarthy — voted with Obama policies to keep smothering the Fourth Amendment. So did top Democrats, including Minority Leader Nancy Pelosi and Minority Whip Steny Hoyer.

The stench at the pinnacle of GOP power hardly surprises most Democrats. But on civil liberties — as on so many other profound issues — a similar odor is emanating from the upper reaches of Democratic power on Capitol Hill, where Pelosi and Hoyer are far from the only Democrats who have become reflexive servants of indefensible Obama policies.

Consider some of the other Democratic luminaries in the House who voted against the Amash amendment: The Democratic National Committee’s chair, Debbie Wasserman Schultz. The Democratic Congressional Campaign Committee’s former chair Chris Van Hollen. The DCCC’s current chair, Steve Israel.

Some of the other Democrats who voted no on the Amash amendment include progressive-aura lawmakers like Ami Bera (Calif.), Joaquin Castro (Texas), Luis Gutierrez (Ill.), Marcy Kaptur (Ohio), Joe Kennedy (Mass.), Annie Kuster (N.H.), Nita Lowey (N.Y.) and Louise Slaughter (N.Y.)


Deserving special mention for their deplorable votes against Amash’s amendment are Sheila Jackson Lee from Houston and Jan Schakowsky from Chicago. Both are vice chairs of the Congressional Progressive Caucus.

I’ve been critical of the Progressive Caucus for enabling Obama’s rightward moves by doing scant pushback. But credit where due: on Wednesday, aside from Jackson Lee and Schakowsky, the other six officers of the Progressive Caucus and a large majority of its more than 70 members supported the Amash amendment. Eloquence in the floor debate came from John Conyers (the lead co-sponsor of the Amash amendment), Jared Polis, Zoe Lofgren and Jerrold Nadler.

Yet they were no match for the White House, with its media spin machine and behind-the-curtain arm twisting.

President Obama has a firm grip on levers of power, and anyone who thinks that his administration has been chastened enough to tread more carefully on civil liberties is engaged in wishful thinking.

While the House has grown somewhat restive, the Senate has remained notably pliant for the surveillance state. An egregious — and, for some, surprising — example is Al Franken, who declared his support for the NSA surveillance program when news of it broke in early June. “I can assure you, this is not about spying on the American people,” Franken said. From his Senate office, one press release after another has been packed with blather like overstuffed sausages.

Franken is now saying he’ll introduce a bill for “transparency” because the public will support the current surveillance programs if they grasp what’s really involved: “I think that if there were greater transparency, Americans would have a better understanding of these programs.” Count on transparency to be a buzzword cloak for more of the same.

Another Democratic senator, Ron Wyden, has been vastly more candid. At a forum the day before the Amash amendment vote, Wyden said that for surveillance, as far as the Obama administration is concerned, “the authority is essentially limitless.”

An ACLU staff attorney, Alexander Abdo, was driving at the same point when he wrote days ago:

“Perhaps the most fundamental problem with the NSA’s constitutional theory is that it has no limit. If the constitution is blind to the collection of our data and limits only the NSA’s later uses of it, then the NSA truly can ‘collect it all’ now and ask questions later. Our emails, phone calls and internet activities would all be very simple for the NSA to collect under the NSA’s theory. But it could go much further. It could put video cameras on every street corner, it could install microphones in every home and it could even remotely copy the contents of every computer hard drive.”

All three branches of the U.S. government are now largely under the control of forces with stunning contempt for basic legal processes required by the Bill of Rights. Mere words and mild reforms from members of Congress may mollify the gullible, but only a direct challenge to the Obama administration’s policies can rise to the level of the current historic imperative to restore civil liberties in the United States.

Norman Solomon is co-founder of RootsAction.org and founding director of the Institute for Public Accuracy. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.”


Norman Solomon is executive director of the Institute for Public Accuracy, where he coordinates ExposeFacts. Solomon is a co-founder of RootsAction.org.

November 25, 2015
Jeff Taylor
Bob Dylan and Christian Zionism
Dana E. Abizaid
Provoking Russia
Oliver Tickell
Syria’s Cauldron of Fire: a Downed Russian Jet and the Battle of Two Pipelines
Patrick Cockburn
Trigger Happy: Will Turkey’s Downing of Russian Jet Backfire on NATO?
Robert Fisk
The Soothsayers of Eternal War
Russell Mokhiber
The Coming Boycott of Nike
Ted Rall
Like Father Like Son: George W. Bush Was Bad, His Father May Have Been Worse
Matt Peppe
Bad Policy, Bad Ethics: U.S. Military Bases Abroad
Martha Rosenberg
Pfizer Too Big (and Slippery) to Fail
Yorgos Mitralias
Bernie Sanders, Mr. Voutsis and the Truth Commission on Greek Public Debt
Jorge Vilches
Too Big for Fed: Have Central Banks Lost Control?
Sam Husseini
Why Trump is Wrong About Waterboarding — It’s Probably Not What You Think
Binoy Kampmark
The Perils of Certainty: Obama and the Assad Regime
Roger Annis
State of Emergency in Crimea
Soud Sharabani
ISIS in Lebanon: An Interview with Andre Vltchek
Thomas Knapp
NATO: This Deal is a Turkey
November 24, 2015
Dave Lindorff
An Invisible US Hand Leading to War? Turkey’s Downing of a Russian Jet was an Act of Madness
Mike Whitney
Turkey Downs Russian Fighter to Draw NATO and US Deeper into Syrian Quagmire
Walter Clemens
Who Created This Monster?
Patrick Graham
Bombing ISIS Will Not Work
Lida Maxwell
Who Gets to Demand Safety?
Eric Draitser
Refugees as Weapons in a Propaganda War
David Rosen
Trump’s Enemies List: a Trial Balloon for More Repression?
Chris Gilbert
“Why Socialism?” Revisited: Reflections Inspired by Einstein’s Article
Eric Mann
Playing Politics While the Planet Sizzles
Charles Davis
NSA Spies on Venezuela’s Oil Company
Michael Barker
Democracy vs. Political Policing
Barry Lando
Shocked by Trump? Churchill Wanted to “Collar Them All”
Cal Winslow
When Workers Fight: the National Union of Healthcare Workers Wins Battle with Kaiser
Norman Pollack
Where Does It End?: Left Political Correctness
David Macaray
Companies Continue to Profit by Playing Dumb
Binoy Kampmark
Animals in Conflict: Diesel, Dobrynya and Sentimental Security
Dave Welsh
Defiant Haiti: “We Won’t Let You Steal These Elections!”
November 23, 2015
Vijay Prashad
The Doctrine of 9/11 Anti-Immigration
John Wight
After Paris: Hypocrisy and Mendacity Writ Large
Joseph G. Ramsey
No Excuses, No Exceptions: the Moral Imperative to Offer Refuge
Patrick Cockburn
ISIS Thrives on the Disunity of Its Enemies
Andrew Moss
The Message of Montgomery: 60 Years Later
Jim Green
James Hansen’s Nuclear Fantasies
Robert Koehler
The Absence of History in the Aftermath of Paris
Dave Lindorff
The US Media and Propaganda
Dave Randle
France and Martial Law
Gilbert Mercier
If We Are at War, Let’s Bring Back the Draft!
Alexey Malashenko
Putin’s Syrian Gambit
Binoy Kampmark
Closing the Door: US Politics and the Refugee Debate