Since 9/11 however, constitutional practices have been overshadowed by a series of emergency measures to fight terrorism. The latter have mushroomed in size, reach and budget, while traditional government has shrunk. As a result we have today what the journalist Dana Priest has called two governments: the one its citizens were familiar with, operated more or less in the open: the other a parallel top secret government whose parts had mushroomed in less than a decade into a gigantic, sprawling universe of its own, visible to only a carefully vetted cadre – and its entirety…visible only to God.1
More and more, it is becoming common to say that America, like Turkey before it, now has what Marc Ambinder and John Tirman have called a deep state behind the public one.2 And this parallel government is guided in surveillance matters by its own Foreign Intelligence Surveillance Court, known as the FISA court, which according to the New York Times, “has quietly become almost a parallel Supreme Court.”3 Thanks largely to Edward Snowden, it is now clear that the FISA Court has permitted this deep state to expand surveillance beyond the tiny number of known and suspected Islamic terrorists, to any incipient protest movement that might challenge the policies of the American war machine...
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