Constitutional Law
Aug. 16, 2007
Standing Small
Forum Column - By Erwin Chemerinsky - There's a Catch-22 at the heart of a new ruling on domestic surveillance: You can't sue the government for spying on you unless you can prove they're doing it.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
By Erwin Chemerinsky
Congress has adopted a clearly unconstitutional law authorizing warrantless wiretapping. Unfortunately, there is probably no one with standing to challenge it in court.
On Sunday, Aug. 5, President Bush signed the Protect America Act of 2007. The act allows the attorney general and the director of national intelligence to approve wiretapping as long as they re...
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