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Why The Patriot Act Needs To Go

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  • Why The Patriot Act Needs To Go

    The Patriot Act has a bad pedigree and an evil history. In the fearful days immediately following 9/11, the Department of Justice quickly sent draft legislation to Congress that, if enacted, would have permitted federal agents to violate their oaths to uphold the Constitution by writing their own search warrants. The draft subsequently was revealed to have been written before 9/11, but thatís another story.
    The House Judiciary Committee reviewed the legislation and revised it so that it would meet Fourth Amendment norms. The revised version permitted federal agents to write their own search warrants for business records, but the warrants could be challenged by the custodian of the records or by the person whose records were being sought. Because the records were in the hands of a third party, they were in no danger of destruction.
    The Fourth Amendment was written largely to assure that the general warrants British soldiers used to search the colonistsí homes would never be lawful in the United States. General warrants were issued by secret courts in London based on the governmentís needs, not on evidence of wrongdoing. They authorized the bearer to search wherever he wished and seize whatever he found.
    In order to protect the natural right to be left alone -- privacy -- the Framers enacted standards in the Fourth Amendment that required the government to produce evidence about the person whose records it wants -- called probable cause -- and present that evidence to a judge when it wants a search warrant. If granted, the Constitution requires that the warrant particularly describe the place to be searched or the person or thing to be seized.
    After the House Judiciary Committee took all this into account in its redrafting of the proposed Patriot Act, the House Republican leadership and the George W. Bush White House pulled a fast one. They switched the painstakingly negotiated version of the Patriot Act for the original version and posted the original version on the House intranet, and leadership scheduled a vote within the hour of posting.

    Kind of reminds us of Obamacare, doesn't it? No one had time to read it in the first place.
    Quis Custodiet Ipsos Custodes? Who is watching the watchers?

  • #2
    That was the main reason I left the GOP. Also the reason why I loath shrub.
    Credo quia absurdum.

    Quantum mechanics describes nature as absurd from the point of view of common sense. And yet it fully agrees with experiment. So I hope you can accept nature as She is - absurd! - Richard Feynman


    • #3
      There are many reasons to loath Lil' Bush. As we say in medicine - TNTC - Too Numerous To Count.
      Quis Custodiet Ipsos Custodes? Who is watching the watchers?


      • #4
        Originally posted by Mountain Man View Post
        There are many reasons to loath Lil' Bush. As we say in medicine - TNTC - Too Numerous To Count.
        I can't imagine 2016 will give us anything better than the past three clowns.




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