
Originally Posted by
foxtrot
Maybe we shouldn't be using the judicial system of the late middle ages - the most historically ineffective and "unjust" one. People doing or not doing their jobs isn't the problem. No judge is going to seriously vet anything (with rare specific exceptions) - because of the sheer amount of crap they have to do and to deal with, to vet would require them to work 160 hour weeks and divorce their families. They all primarily trust the people. FISA is no different, and as shown, there are virtually no denials of warrants. The judges have obligations to vet, but it isn't ever practical to do so.
Where is the flaw? The underlying system that used technically ineffective checks and balances coupled with ineffective measures. AKA the founding fathers screwed the pooch when it came to the judicial side of the country. (and they forgot to create the 4th necessary branch, the janitorial, but that's a topic for another day). They should have been forward thinking, and adopted some aspects of the earlier Renaissance systems while creating something "truly" new. Instead, they just brought the screwed up, late British system over and branded it as American.