The article is precisely correct in its objective observation of what the House bill permits and is also correct in its analysis of how destructive of the Fourth Amendment is the consequence. This terrible legislation is the quintessential example of why the independence of the judiciary is so critical to our constitutional form of government. It also shows without ambiguity how that independence and the strict adherence to the separation of powers doctrine has often been the last protective barrier preventing an oppressive executive and Congress playing to a transitory majority from imposing an unconstitutional abuse of the police power. There are many less intrusive methods of accomplishing the desired governmental purpose. But consistent with the almost Divine Right of Kings attitude with which this administration believes it is imbued, it has chosen to use a meat cleaver approach when the Constitution demands a scalpel in attempting to interfere with a protected right or immunity from government intrusion.
The legislation is facially too broad and the judiciary will in all likelihood find it so and strike it down as a transgression of the Fourth Amendment. The end result will be that, while the Congress and the White House can thump its respective chest and proclaim how tough each is and that, but for the judiciary's weak-kneed interference, the executive would be rooting out bad guys, the reality will be that their election based overreaching has delayed the accomplishment of that goal. Any evidence or conviction obtained by the use of such a impermissibly overly broad, warrantless intrusion will be set aside and the exact opposite of the desired end will result; all to look tough in an election year.