Uncommon common sense on the Constitution
Posted by Greg on September 26, 2007
Breathing a welcome sigh of liberty and justice for all into the Bush administration’s carefully cultivated culture of fear and paranoia, a federal judge ruled, correctly, that elements of the Patriot Act violate the Constitution.
A federal court on Wednesday struck down two provisions of the Patriot Act dealing with searches and intelligence gathering, saying they violate the Fourth Amendment protection against unreasonable searches and seizures with regard to criminal prosecutions.
…
“In place of the Fourth Amendment, the people are expected to defer to the executive branch and its representation that it will authorize such surveillance only when appropriate.”
The government “is asking this court to, in essence, amend the Bill of Rights, by giving it an interpretation that would deprive it of any real meaning. The court declines to do so,”
I feel inspired to sing…
Praise God from whom all blessings flow, Praise him, all creatures here below; Praise him above ye heavenly host…
Er…um, focus Greg, there was a point here…
Seriously folks. This is a long overdue assessment, and a big deal. God willing, only the first of many as the courts reassess the role of the Constitution and the rule of law within US borders, and with regard to US citizens and their rights. The Bush Administration and their loyal Bushies in Congress and the judiciary have been using the Constitution as toilet paper for far too long. Their protests, to the contrary, the Bill of Rights does matter.
A couple other voices:
Though much has happened since the tumultuous times after 9/11, it’s still crystal clear in my mind how the administration redefined patriot to mean a person who agreed, without question, in their plans to secure the nation, regardless of what Constitutional compromises might be required. Republicans, led by Bush and Cheney, proceeded to use patriotism as a club to beat down dissent, a heavy-handed tactic that only worked because of the word’s new meaning.
The Patriot Act was one of the primary products of that politically brutal effort and one that I think history will show to have been a mistake for the nation.
Probable cause, like habeous [sic] corpus, is a central tenet of the justice system. It should not have been skirted for the last 5 years and should be restored to its rightful place as a right held by all Americans, the sooner the better.
Another defeat for George Bush’s effort to destroy our basic civil liberties. A federal judge actually believes in the Constitution
