[Congressional Record Volume 154, Number 104 (Monday, June 23, 2008)]
[Extensions of Remarks]
[Pages E1311-E1312]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      FISA AMENDMENTS ACT OF 2008

                                 ______
                                 

                               speech of

                           HON. TAMMY BALDWIN

                              of wisconsin

                    in the house of representatives

                         Friday, June 20, 2008

  Ms. BALDWIN. Madam Speaker, I rise in opposition to H.R. 6304, the 
FISA Amendments Act.
  Two hundred and twenty-two years ago our Nation's Founders enshrined 
in our Constitution the values and principles upon which our Nation was 
founded, defining what it meant to be an American. Its first words, 
``We the people . . .'' make clear to all that our Government derives 
its power from the people.
  Our Nation's Founders recognized that the full definition of what it 
meant to be an American required a clear statement of the protection of 
individual liberties. The protections enshrined in the Bill of Rights 
cannot be waived by the President and are not statutorily amendable by 
Congress. Those rights belong to the people--they are, in part, what it 
means to be an American.

[[Page E1312]]

  Since our founding, the world has looked to the United States as a 
beacon of freedom, a Nation leading by example, a Nation governed by 
the rule of law. As we act on this legislation the world watches to see 
whether we as a Nation still have a commitment to the very principles 
we seek to spread around the world.
  There are those who see this legislation primarily in the context of 
granting retroactive immunity to telecommunications companies, merely 
transactional legislation. But, in fact, this is about something far 
more important and fundamental.
  Today, this House seeks to legislatively amend the fourth amendment. 
This bill retroactively denies to Americans the protections of the 
fourth amendment. It retroactively insulates Government from 
accountability for infringing upon one of the most basic rights of 
Americans.
  This infringement is not theoretical. Today there are more than 40 
pending lawsuits alleging that our Government illegally and 
unconstitutionally violated the privacy rights of citizens by 
conducting a warrantless spying program. Through this bill, Congress 
now seeks to deny these individuals a remedy. Moreover, if this 
legislation becomes law, Americans may never learn the full extent of 
the Bush administration's illegal wiretapping program.
  Further, the bill establishes a permanent framework for the violation 
of the civil liberties of our citizens. This legislation permits the 
Government to conduct mass, untargeted surveillance of communications 
coming into and out of the United States, without any individualized 
review, and without any finding of wrongdoing. And it permits only 
minimal court oversight.
  Some argue that this legislation is necessary to protect our Nation 
from terrorists. I reject this argument. The Foreign Intelligence 
Surveillance Act (which this bill seeks to amend), has, since 1978, 
provided a legal framework for law enforcement to secure a secret 
warrant to intercept electronic communications related to national 
security. In emergencies, the Attorney General may authorize emergency 
employment of electronic surveillance as long as he or she makes the 
requisite application for approval from the FISA court as soon as 
practicable within 72 hours.
  By authorizing a program to conduct illegal surveillance on 
Americans, the President and his Attorneys General have chosen to 
ignore the law and the Constitution. Today by passing this legislation, 
Congress chooses to stand with the President.
  By voting no, today I will stand with the American people in the 
defense of their civil liberties and their Constitution.

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