Published March 2006 — Download PDF of the original newspaper column
Byrd's-Eye View By U.S. Senator Robert C. Byrd Protecting the People's Liberties As a U.S. Senator. I have sworn an oath to support and defend the Constitution of the United States. I take this role seriously and am deeply concerned that Americans' Constitutional right to privacy has been violated by the Bush Administration's domestic spying programs. West Virginians should be concerned, too. It has come to light that, in 2002, President Bush signed a secret order to allow the National Security Agency to eavesdrop on U.S. citizens without a warrant, even though there are laws against such domestic spying. The White House says that it did not have time to obtain the proper legal authority to listen to those conversations. This claim is false. In fact, our laws provide that surveillance can continue for several days before a warrant is required. The Administration's actions deserve close scrutiny. Violations of the Bill of Rights and of our laws must not be swept under the rug. It must be determined if the First Amendment right to free speech and the Fourth Amendment protection against unreasonable searches and seizures, which are guaranteed by the Constitution, were violated by government eavesdropping. We have entered very dangerous waters when the government can spy on citizens without even so much as a warrant. Constitutional freedoms will never be abolished in one fell swoop. The American people cherish their freedoms and would not tolerate such a loss. But the erosion of freedom usually occurs as a gradual process, cloaked in secrecy, and glossed over by claims of necessity for greater security. A climate of fear and secrecy can take a hefty toll on the people's liberties. That is why I have introduced legislation to establish an independent, nonpartisan commission to investigate warrantless surveillance on law-abiding American citizens. This commission should investigate the legality of the Administration's secret domestic spying program to shed much-needed sunshine on any unlawful or unconstitutional executive intrusions into the lives of ordinary Americans. It could then determine how best to protect the homeland, while also safeguarding the Bill of Rights. An independent commission is vital because the Senate Intelligence rejected a proposal by Senator Rockefeller to begin a thorough, bipartisan investigation into the domestic spying. I support Senator Rockefeller's efforts. He has worked diligently to ensure that the Administration, even in its most secret circles, follows the law and the Constitution. Preventing more terrorist attacks must be Congress' utmost priority. But it is spurius to suggest that the American people will be safer in their homes if only they forego their Constitutionally- protected birthrights. March 8, 2006