Read Robert Turner in the WSJ on the constitutionality of warrantless searches for national security reasons.
When Congress passed the first wiretap statute in 1968, it expressly declared that nothing in it would limit "the Constitutional power of the President" to collect foreign-intelligence information. Every administration from FDR to (and including) Jimmy Carter engaged in warrantless foreign-intelligence wiretapping in the belief that this was one of the "exceptions" to the Fourth Amendment's warrant requirement. Others include border searches and searches of commercial airline passengers and their luggage (not to mention the requirement, imposed by Congress, that citizens entering a congressional office building to exercise their constitutional right to petition their government for redress of grievances must submit to a warrantless search absent the slightest probable cause).
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