End run around Constitutional restrictions


The USA PATRIOT Act again proves it is a bad piece of legislation
You know, I have a hard time believing this one is still an issue. Then I realize the nightmare is still going on.

Civil-liberties defenders will renew their court challenge to a special subpoena power built into anti-terrorism law that permits the FBI to scour library and Internet service provider files without search warrants.

The practice is allowed under "national security letters," a power recently reauthorized in the 2001 law known as the USA PATRIOT Act. The law bars recipients of the letters from disclosing the requests to anyone.

Let's review the pertinent parts of the law, shall we?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Yes folks, it is the first Amendment of the United States Constitution. It's pretty clear-cut, Congress can't bar free speech. War or not, Congress is not allowed to tell people what they can and can not talk about.

Let's move to the second bit.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Yep, it's the Fourth Amendment. Also pretty simple. Government can only search and seize with a warrant specifically describing the nature of the search. No warrant, no search.

What's more, Congress and the President do not have enough power to change the Constitution. That is laid out in Article V. These things are obvious to any high school civics class. Only it is not called civics today, is it?

So here is today's question. If the Federal Government will not respect the United States Constitution, why should you respect the Federal Government?

Hat tip Wren's Nest.


— NeoWayland

Posted: Wed - August 9, 2006 at 04:23 PM  Tag


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