Restoring our Constitution: Many mistakes were made in the course of this war, and our systems of checks and balances have failed us at critical moments. To prevent repeating those mistakes, we must repair the underlying Constitutional framework of our republic and provide checks to executive authority. Balance must be restored between the executive and the judicial branch (for instance through the restoration of habeas corpus), between the executive and the legislative branch (for instance through clarifying that the President does not have the Constitutional authority to unilaterally alter legislation through signing statements), and between the executive and the people of the United States (for instance by clarifying that the Fourth Amendment requires probable cause and a warrant for the government to spy on Americans).
Restore constitutional checks and balances by limiting executive power and restoring habeas corpus and Fourth Amendment warrant protections.
Occurrences
Evidence
Congress.gov records H.R.1540 as enacted. Its counterterrorism subtitle affirmed detention authority under the AUMF, required military custody for certain al Qaeda-associated persons, and referenced habeas review only as an existing availability for some detainees.
The House agreed to the FY2012 NDAA conference report, 283-136. Pingree (ME) voted No.
The House passed H.R.5949, described by the Clerk as extending the FISA Amendments Act of 2008 for five years, 301-118. Pingree voted Nay.
The Amash amendment to H.R.2397 failed, 205-217. Pingree (ME) voted Aye.
Congress.gov describes the Massie amendment as prohibiting use of funds to query FISA-acquired foreign intelligence with a U.S. person identifier except in specified instances. It was agreed to by recorded vote, 293-123.
On the Massie amendment to H.R.4870, the House vote was 293-123 in favor. Pingree (ME) voted Aye.
Congress.gov records H.R.2048 as Public Law 114-23. The law required specific selection terms for FISA tangible-things orders, restricted broad geographic or provider terms, added FISA court amici, transparency, reporting, and minimization provisions.
The House passed the USA FREEDOM Act, 338-88. Pingree voted Nay.
Congress.gov records S.139 as Public Law 115-118. The law added querying procedures and some court-order requirements, but also reauthorized FISA title VII through December 31, 2023.
The House passed S.139, 256-164. Pingree voted Nay.
Assessments
The broad promise was not fully delivered: habeas corpus was not broadly restored and Fourth Amendment warrant protections for surveillance were only partially strengthened. Later Congresses enacted limited surveillance reforms, including the USA FREEDOM Act and FISA reauthorization safeguards, but these preserved major executive surveillance authorities and Pingree did not support the final enacted bills. She did, however, vote for concrete surveillance-limiting amendments and against expansions or reauthorizations of detention and surveillance authority, showing serious effort. This supports partial credit rather than full delivery.