“I know of no right to privacy in the United States Constitution,” says Gerald Walpin. “That is a phrase that has been thrown around that the Supreme Court for many, many years said didn’t exist… It doesn’t exist in the Constitution.” Walpin, a former federal Inspector General nominated by George W. Bush and confirmed by the Senate, prominent New York attorney, and author of the book “The Supreme Court vs. The Constitution,” sees the National Security Agency (NSA) as one of the most necessary organizations within the United States. “There is nothing unconstitutional about the NSA program, which merely determines whether somebody calls a number.”
Walpin is in the camp of one political and legal tradition, comprising about half of American citizens, that believes that surveillance programs like those of the NSA are the best way to prevent terrorism and save American lives. The other side is more skeptical, to say the least. They claim the right to privacy is fragile, and that national security programs are overbroad—usurping the privacy of the people while instituting surveillance programs that may not be effective. While neither side can reconcile their political differences, one thing is certain: a lengthy and contentious legal boxing match is unfolding, and the final rounds will likely take place at the podium in front of the Supreme Court.
The NSA surveillance controversy came to a head in June 2013, after the now infamous and exiled former NSA contractor Edward Snowden released a trove of classified documents detailing government surveillance programs to The Guardian. Headlines were bold—is Snowden a patriot or a traitor? The Internet was alive with angry and dubiously informed chatter. People yelled across dinner tables over what the President ought to do. The nation wanted to place blame; was this Obama’s politics or Bush’s? As it gets sorted out in the glaring public eye, the legal justification for United States national security policy will be tested in the courts as well. What’s more, the logical justification behind keeping the policies—that terrorism has been stopped because of them—is being called into question by the public and media.