Judge Nepolitano wrote that Governor Christie was wrong when he told Rand Paul that the government must listen to phone calls to find out who the terrorists are. Judge Nepolitano and Rand Paul believe listening to the private phone calls of citizens requires a warrant but it’s unconstitutional to get a warrant to listen to all phone calls of all private citizens. Judge Napolitano calls it a “General Warrant” which he claims are prohibited by the U.S. Constitution but the judge doesn’t go far enough in his reasoning. Neither did Governor Christie or Senator Rand Paul.
What’s needed is Warrant like the warrant a police officer has to arrest speeders. It’s called a “Process Warrant” or an “Action Warrant” because the officer is permitted to arrest a speeder and get an individual Warrant after the arrest because it’s impossible to name a speeder and get a Warrant while the speeder is speeding.
The police officer is observing all traffic and separating the speeding cars from the law-abiding cars just as the NSA is listening to all telephone calls and separating those related to Terrorism from those that are law abiding.