Dr. Chris discusses opponent Jim Banks’ voting record for FISA (Foreign Intelligence Surveillance Act). Please see below for the transcript.
Hello. I am Dr. Chris Magiera from Warsaw, Indiana, and I am running for the United States House of Representatives from the 3rd Congressional District of Indiana.
Every day, the career politicians and the massive Administrative State that they support infringe upon your God-given natural rights and liberties. The Founders created the Constitution to guide the formation of a central government whose function would be to secure these inalienable rights. The Founders had just lived through the dreaded “Writs of Assistance” (blank, general warrants, issued by the Crown, allowing unlimited searches and seizures in the colonies), and they were determined to never allow this to happen again.
Fast forward to modern times, and the 1978 creation of the FISA Courts. FISA is an acronym for Foreign Intelligence Surveillance Act, and it was passed in response to the abuses of President Richard Nixon and his use of the FBI and CIA to spy on Americans in violation of federal law and the 4th Amendment. The activities of the FISA Court as well as the activities of the NSA and other agencies, acting under the auspices of the Patriot Act and the USA Freedom Act, are much in the headlines these days. From spying on Americans to bulk collection of data, there has been much controversy. Is FISA even constitutional?
In a 9/26/13 article from Creators.com, Judge Andrew Napolitano made the argument that FISA is unconstitutional. His argument revolves around the “case or controversy” requirement of Article 3, Section 2. He stated, “The Constitution establishes a limited federal government, which includes a limited federal judiciary. Because the Framers feared that federal judges might act as super-legislatures and go about declaring unconstitutional whatever legislation or Presidential actions displeased them, they wrote into Article 3 of the Constitution the absolute prerequisite of the existence of a case or controversy before the jurisdiction of any federal court could be invoked.” He continued, “In the FISA court, only the government appears, seeking a generalized search warrant without regard to the facts of any specific case. There is no case or controversy…”
If this is so, why do we even have such Acts? The answer is fear. The people and their representatives were duped into abandoning liberty because of “necessity” and “safety.” It is a universal technique, as old as the concept of government itself. William Pitt the Younger, in an address to the British House of Commons in 1783, said, “Necessity is the plea for every infringement of human freedom. It is the argument of Tyrants. It is the creed of Slaves.”
So, how does all of this relate to the question of the May 2020 Republican Party Primary election for the 3rd Congressional District of Indiana? Well, it has to do with the voting record of the incumbent, Representative Jim Banks. On 1/11/18, he voted “yes” on S 139 – FISA Amendments Reauthorization Act of 2017. Then, on 11/19/19, he voted “No” on HR 3055 – Further Continuing Appropriations Act, 2020, and Further Health Extenders Act of 2019. This Act provided for the extension of certain provisions of the Foreign Intelligence Surveillance Act.
So, now I am confused. First, he was in favor of FISA, and now he is against it. The people deserve ideological consistency from their representatives in Congress. The excuse that these bills are “too big” or “too complex” is invalid. The Founders never intended for the federal government to be “too big” or “too complex” to manage.
What is the “cure” for this malignant transformation of the Administrative State? That is simple. I offer the visionary concept of The Constitution Solution. If elected to Congress from the 3rd District of Indiana, I pledge to constitutionally legislate, 100% of the time, not delegate, so you won’t have to litigate, to reclaim your God-given natural rights and liberties. So, in May 2020, vote for The Constitution Solution. Vote for Dr. Chris Magiera for Congress. Thank you.