Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Thursday, July 13, 2006

NSA: Hawaii AG Spouts Non-Sense Excuses

This is nonsense:
Bennett said the supremacy clause of the U.S. Constitution would allow the NSA to pre-empt state law as long as the agency was acting within the scope of its congressionally delegated authority. Ref

* * *

(1) No Congressional rule or directive, however crafted or ignored, permits unlawful conduct. Congress has no power to delegate to any agency any power to violate the Constitution or federally protected rights;

(2) It is absurd to argue that the NSA as an agency was acting within the scope of its authority when it violated the Constitution. Agencies are not permitted to engage in illegal conduct, nor violate clearly established rights;

(3) When State law affirms a constitutionally protected right, a violation of the US Constitution would amount to a violation of the State’s guaranteed right to a Constitutional form of government; and

(4) The Supremacy Clause is different than whether the Constitution is or is not enforced.