The Patriot Act substantially expires in May 2015.
When the new Congress takes up its reauthorization, mere months after convening, members will be forced to decide what to do about Section 215 of the law, the provision cited by the NSA to justify logging most every telephone call made by Americans.
With Republicans controlling both the Senate and the House, the GOP faces a stark choice. Is a party that purports to favor constitutional conservatism and limited government going to ratify mass surveillance that makes a mockery of the Fourth Amendment? Will Mitch McConnell endorse a policy wherein the Obama administration logs and stores every telephone number dialed or received by Roger Ailes of Fox News, Wayne LaPierre of the NRA, the Koch brothers, the head of every pro-life organization in America, and every member of the Tea Party? Is the GOP House going to sacrifice the privacy of all its constituents to NSA spying that embodies the generalized warrants so abhorrent to the founders?
The issue divides elected Republicans. Senator Rand Paul and Representative Justin Amash are among those wary of tracking the phone calls of millions of innocent people. Senator Richard Burr favors doing it. Republicans pondering a run for president in 2016 will be trying to figure out how mass surveillance will play in that campaign.