The First Congress Enshrined Warrants Into Law — But This Congress Continues To Push Warrantless Spying Tool

Nearly two-and-a-half centuries after the First Congress passed warrants in the U.S. Constitution, the current Congress has attempted to reauthorize a warrantless spying tool.

Members of the 119th Congress continue advocating for the reauthorization of Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows the government to collect and search American citizens’ data without a warrant if they were in contact with targeted noncitizens. The states ratified the Fourth Amendment of the U.S. Constitution, which was one of a package of ten amendments in the Bill of Rights, on Dec. 15, 1791, to prohibit the government from conducting searches and seizures without a warrant.

The Fourth Amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

James Madison introduced the Fourth Amendment in Congress on June 8, 1789. In the American colonies, British authorities made use of writs of assistance, which authorized them to enter any house or other place to seize “prohibited and uncustomed” goods without any proof of a crime, which prompted the Founders to include an amendment preventing searches and seizures without probable cause. (RELATED: How The FBI Will Blindfold Americans Until Congress Approves More Warrantless Spying)

Britain sent customs agents to colonial port cities, particularly in Boston, Massachusetts, to conduct these seizures inside homes, ships and warehouses to prevent colonial merchants from smuggling goods to avoid British taxes.

The debate between security and privacy rights has been a hotly contested issue for decades, particularly after 9/11, when updates to Section 702 caused major privacy debates. The USA PATRIOT Act also passed after 9/11, which expanded the government’s surveillance and search powers.

Modern-day lawmakers insist Section 702 be reauthorized in its current form, though some Republicans demanded a warrant be attached before its passage. House Democrats and 19 House Republicans voted against the reauthorization of Section 702 in a June 11 vote.

Among these House Republicans were Tim Burchett of Tennessee, Lauren Boebert of Colorado, Chip Roy of Texas and Thomas Massie of Kentucky. They argued Section 702 violated the Constitution.

“I’ve always voted ‘no’ on that thing. The Fourth Amendment is there for a reason … FISA allows, remember those illegal searches and seizures done during the Biden administration? Literally thousands of them, some of these guys were FBI agents trying to hook up with some lady or something and it’s just pathetic abuse,” Burchett said.

We take an oath to uphold the Constitution. FISA violates that. I voted no. pic.twitter.com/k1em4dSQVh

— Tim Burchett (@timburchett) June 11, 2026

House Democrats voted against it in large part because of President Donald Trump’s temporary appointment of Bill Pulte as acting director of national intelligence (DNI).

President Donald Trump called on Republicans to “KILL FISA” because it was used illegally to spy on his campaign in 2024. A DOJ inspector general’s report found “significant inaccuracies” in the FBI applications for FISA warrants against a Trump campaign adviser, and the Department of Justice (DOJ) later conceded that two of the four orders were invalid.

Trump changed his tune and stated in March and April that he believed the surveillance system was needed to prevent terrorist attacks and protect the military campaign, according to The Record.

The extension stalled after Trump delayed the confirmation process for Southern District of New York Jay Clayton to become the permanent DNI. Senate Majority Leader John Thune said at a June 16 press gaggle that FISA “was “the most successful tool when it comes to keeping people and this country safe.” Republican Sens. John Cornyn of Texas, Bill Cassidy of Louisiana and Thom Tillis of South Carolina said Clayton must be quickly confirmed to pass Section 702.

Supporters of Section 702 argue the tool is essential for national security by disrupting terrorist plots, combating cyberattacks and stopping hostile foreign adversaries before they reach U.S. soil.

Seven Republican senators voted against the extension, including Utah Sen. Mike Lee, who stated that a warrant must be required before spying on American citizens. Republican Kentucky Sen. Rand Paul called on FISA to be reformed because Americans’ “Fourth Amendment rights matter.”

Your 4th Amendment rights matter. Reform FISA. https://t.co/7qBJmU8RKy

— Senator Rand Paul (@SenRandPaul) June 17, 2026

During the 2016 election, the Federal Bureau of Investigation (FBI) obtained a FISA warrant to monitor Carter Page, a then-foreign policy adviser to the Trump campaign, suspecting him of acting as an agent for a foreign power. In December 2019, the Department of Justice (DOJ) Inspector General concluded that the FBI failed to inform the court that a now-debunked dossier by former British intelligence officer Christopher Steele was funded by the Democratic National Convention and former Secretary of State Hillary Clinton’s presidential campaign and that the FBI made errors during its investigation.

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