Thursday, September 27, 2007

The Patriot Act

I came across this NY Times article on a decision by an Oregon Federal Judge ruling that parts of the Patriot Act are unconsitutional. The most horrific part of the Patriot Act is that, under the guise of seeking out foreign intelligence, law enforcement officials have the right to circumvent the Fourth Amendment requirement of probable cause for federal search and surveillance if the Executive Branch deems it appropriate. I have very little faith that the Executive Branch, as it stands today, has the objective ability to make that distinction without a political undertone. The judicial system, although hardly a-political, should serve more than adequately in determining whether probable cause exists to warrant the necessity of searches and surveillance operations, regardless of the circumstances of the case.

A quick review of the Fourth Amendment of the US Constitution:
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.

A quick Review of the US Constitution (suggestion for other links appreciated):
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