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Before May, Congress has no alternative but to endorse or end NSA spying on the phone calls of virtually every American. What is the will of the new party in charge?

Toby Melville/Reuters

The Patriot Act substantially expires in May 2015.

When the new Congress takes up its reauthorization, mere months after convening, they'll 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 Rep. 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.

Many would rather not take any stand before May, as if governingthe very job citizens are paying them to dois some sort of trap. But their preferences don't matter.

This fight cannot be avoided.

Nor is it the only one that touches on surveillance. The dubiously named USA Freedom Act began as an effort to reform the NSA and has since been weakened. The NSA and FBI engages in lots of questionable surveillance besides the phone dragnet. Republicans will now run the Senate and House intelligence committees.

Rather than urging the GOP to avoid "the governing trap," National Review and other outlets purportedly dedicated to constitutional conservatism ought to be demanding that Republicans use their newfound power to rein in our surveillance bureaucracy, for anyone with a healthy mistrust of government should see how easily its staggering power, exercised in secret, could be ruinous to liberty. A limited government movement that does not demand oversight and reform, now that its party has regained power, is a farce. To endorse the national surveillance bureaucracy as it now stands is tantamount to declaring oneself a trusting statist.

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Now the GOP Must Choose: Mass Surveillance or Privacy?