The Patriot Act
Here’s Judge Andrew Napolitano on the unconstitutionality of the Patriot Act:
The Patriot Act’s two most principle constitutional errors are an assault on the Fourth Amendment, and on the First…
…So FBI agents can write their own search warrant [under the name “national security letters”] with just the permission of their superior, no judge at all, nobody at the main Department of Justice, and serve it essentially on any entity they want, and if they serve this search warrant on your doctor, lawyer, grocer, or mailman, and that doctor, lawyer, grocer, or mailman tells you they received it, then that doctor, lawyer, grocer, or mailman, can be prosecuted for a felony, face five years in jail. What part of the First Amendment’s “Congress shall make no law abridging the freedom of speech” do they not understand?
This creates a Soviet-style conundrum for the recipient, who can’t even tell his or her lawyer or general counsel about getting the search warrant. You can’t hire outside counsel to challenge it, you can’t mention it to your spouse on the pillow, to your priest in confession—not even to a federal judge in a federal courtroom where all language except perjury should be permitted. This is a conundrum the likes of which government has never visited even under the Alien and Sedition Act. If they prosecuted you for criticizing [President John] Adams you could complain about it to your heart’s content without being charged with another crime.
These are issues our nation’s founders started a war over. Obviously contemporary Americans think a lot less of their own civil liberties than their forebears.
Read the whole article.
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Even if their intentions were good in creating this law, they have blatantly disregarded the freedom that the USA is all about.
Comment by Dignin — November 20, 2007 @ 10:48 am
Napolitano expands on this theme and others in his latest book, “Nation of Sheep”, which I mostly read at Barnes and Noble the other night. It’s so disturbing to me that I wanted to grab everyone in the store and scream. Politically in this country there is no one that wants to touch these fundamental issues, niether Democrat nor Republican.
What bugs me is so many people might dismmiss Judge Napolitano out of hand because he is on Fox News or because he might not like some liberal government program, therefore rendering him one of “those”. The polarity (or is it bipolarity?) of our political discourse makes it very hard for this discussion to happen in this country. He makes the point in his book that a nation where its citizens willingly let some bureacrat make them undress and de-shoe in a public place, without cause, suspicion, or nary a warrant for the search and possible siezure (of shampoo anyways) without a wimper of protest can hardly be counted on to resist more nefarious power-grabbing schemes. It also shows a disrespect for the value of our Constitutional protections in the first place.
I think the bold, active, visionary risk-takers that founded this country would be embarassed to see what we have become. There are parts of the Constitution that were added (like the Bill of Rights) specifically because of the active involvement (Shay’s Rebellion, etc.) of We the People in the early days of the Republic. The people were part of the movers and shakers along with the regular elites. At one point the Constitutional Convention met with the windows closed because armed men would point rifles in at them to let them know they better do right by them. Now we can’t even wave a flag up on the steps of the Supreme Court without causing a Homeland Security beige alert response.
The judge goes on to comment that because of fear, sheep are content to go along with the rest of the sheep. The wolves still fear government, but aren’t afraid of fear.
I get this way after reading an incendiary book like that. I got a mug last year at a Faculty Christmas White Elephant affair that has the entire Bill of Rights on it. When you put boiling liquid in it all of the clauses affected, or waived, by the Patriot Act fade away. I live my life, I’m busy, and I don’t think about these things all the time, but when I see that fade I get a sick feeling in my stomach.
Our leadership, in both parties, is unable to grasp this fundamental threat to our political life, because they are products of the power game. The only hope, just as it was back in 1787, is We the People.
Comment by Homer — November 22, 2007 @ 11:11 pm
Homer,
Thank you.
This is my favorite comment ever. I’m very sorry it took me so long to get it out of moderation and onto my website. Its a real shame I was so slow because this comment is probably the best writing ever to appear on my site.
Comment by Jeremy Manning — November 27, 2007 @ 12:29 pm
It might be that the permissiveness of the Patriot Act is starting to give law enforcement officers (say, for example, a UHP officer) the idea that they can tase someone at the drop of a hat.
The Patriot Act is one of the reasons that I think Bush is a terrible president (and congress is derelict in its duty). But I knew before Bush got in that he would be a failure, so I didn’t vote for him.
Comment by Frank Staheli — November 27, 2007 @ 6:52 pm
Frank,
I wish I could brag of such excellent foresight. I voted for that joker not once…but twice. How embarrassing.
Comment by Jeremy Manning — November 27, 2007 @ 10:37 pm
Bush vs Gore (the election, not the Supreme Court Case) was where I developed my Theory of Two Speeding Cars, and is why I am supporting Ron Paul this time around.
Comment by Frank Staheli — November 28, 2007 @ 10:41 am