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Why Bush Violated the Fourth Amendment, and Obama Has Not

The reasonable expectation of “privacy” has evolved since the Court coined the concept in 1967—and Obama’s actions have respected that expectation, writes Geoffrey R. Stone.

articles/2013/07/01/why-bush-violated-the-fourth-amendment-and-obama-has-not/130630-Stone-Obama-Bush-tease_ufgqdy
Charles Dharapak/AP

There is a crucial difference between the Obama administration’s phone call data-mining program, which is constitutional under current law, and the Bush administration’s NSA surveillance program, which was clearly unconstitutional.

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