With "Parallel Construction", we see an explicit attempt to avoid Judicial Review, with the DEA mysteriously dropping charges whenever a case goes to court. Which is bad, as we've now trusted the constitution entirely to Judicial Review - congress has washed their hands of a responsibility to uphold it.
I suppose you could argue that the DEA knows it's unconstitutional and is willfully violating, and that raises even more troubling questions.
I also wish the constitutionality of FISC court itself could be challenged, as I think it clearly doesn't fall under article 3. But I have no idea how this would be done.
Some countries, like Germany, have Supreme Courts with more interventionist abilities, and more recourse against willful violations.
I suppose you could argue that the DEA knows it's unconstitutional and is willfully violating, and that raises even more troubling questions.
I also wish the constitutionality of FISC court itself could be challenged, as I think it clearly doesn't fall under article 3. But I have no idea how this would be done.
Some countries, like Germany, have Supreme Courts with more interventionist abilities, and more recourse against willful violations.