Understanding Intelligence Surveillance: A FISA Primer

What is FISA? | Foreign Intelligence Surveillance Court and The Court of Review | Related Cases | FISA in the News | Student Discussion Questions

The following questions are provided as discussion starters for stimulating debate among students concerning FISA-related matters.

Question 1: Are warrantless wiretaps, as a part of the War on Terror "reasonable" searches, and thus permissible under the Fourth Amendment?

Question 2: Does the Foreign Intelligence Surveillance Act limit the President's power to conduct warrantless wiretaps in the War on Terrorism? If you were writing such legislation, what points would be included to represent and protect your point of view?

Question 3: Should the courts defer to the executive branch's determination for what is "reasonable" in prosecuting a war? If yes, how and to what extent should the courts be deferential to the executive's determination of what is "reasonable" in the prosecution of a war? If no, explain your position.