After reading the umpteenth article [example here] from congressional voices talking about what President Trump needs to do in order for the legislative branch to reauthorize FISA (702), it’s worth reminding everyone how we accept goofy just because goofy has become the norm.
The FISA (702) issue belongs entirely to the legislative branch. It is their work product. It is their enacted law, albeit with an expiration date. The executive branch has nothing to do with the law. If congress doesn’t reauthorize a law they have enacted, that’s on the legislative branch – not the executive branch.
The legislative branch enacted a law; it could be unconstitutional and has never been tested in the Supreme Court. However, it is their law. If the same legislative branch allows the law to expire, that’s entirely their choice. The executive branch can do nothing to reauthorize a law that is entirely in the purview of the legislative branch.
President Trump should not accept the legislative branch dysfunction as if it is his problem to solve. It’s not his monkey.
Somehow the baseline of responsibility has been permitted to shift from the Legislative Branch to the Executive Branch, and the media are apparently clueless about how the separation of powers actually functions. Even if the Executive Branch wanted to reauthorize it, they can’t.
Somewhere in our modern discussions of things, we have lost sight of the roles and responsibilities within government.
As to the argument of whether or not to reauthorize it, personally I hope congress lets the FISA (702) legislation expire. However, that’s a distinctly moot point when overlaid against who has responsibility for it.
It’s time to teach civics again, and our nation would be well served if the people around President Trump simply reminded the media and by extension the American people, that FISA is a congressional responsibility. If they don’t want to reauthorize the law they enacted, then fine; but the issue is all theirs.
The problem of FISA (702) being carried out is multifaceted and complicated. However, the origin of the law and or extension therein, is entirely the responsibility of the Legislative Branch. It really is that simple.
WASHINGTON DC – […] Democrats have coalesced behind an ultimatum: They won’t support a reauthorization of Section 702 of the Foreign Intelligence Surveillance Act as long as Bill Pulte, an ally of President Donald Trump with no national security experience, remains acting director of national intelligence. The White House is standing by Pulte, at least publicly, while accusing Democrats of holding the spy power “hostage” and putting the country’s “national security at risk.” (read more)
