Is the Patriot Act unconstitutional?

Question

Just wondering. I mean, how can a document override the constitution?

Answer 1

You bet it is. This thing was written long before 911. That in and of itself should tell you something. Most who voted on it had never read it. That bunch of B.S. was as thick as a phone book. One can't write that kind of document in six months, let alone three days. Too many writes and rewrites involved. Impossible.

That was a done deal. Just one more reason to believe 911 was an inside job: A reason to bring about un Constitutional legislation that the American people would NEVER go for if they had the time to research and read the document. In the height of confusion and fear, they "agreed' it was a good thing. They didn't ask you or me. That thing smells as bad as the stock yards the UN building was built on....and just as flaky!!!

Answer 2

Probably not.

Most of the Patriot Act just removes federal restrictions on the sharing of information between federal agencies. And there remaining provisions, even the most obnoxious, fall just on the legal side of what's allowed under the 4th and 5th Amendments.

So, while it's not nice, and is a gross violation of privacy, it doesn't actually cross the line into being unconstitutional.

No federal legislation can override the US constitution. The only way to alter the constitution is by amendment as provided by Article V.

{EDIT to tonalc1} Section 215 does not eliminate probable cause requirements. In fact, the term "probable cause" is not mentioned. It simply allows a warrant to be obtained from the FISA court, in compliance with existing procedures.

The court you cited held that Section 215 was unconstitutional as applied to that situation, not facially for all situations. That section, which modified 50 USC §1861, was later amended by the 2006 renewal.

Also, the case you cited was Doe v. Ashcroft, 334 F.Supp.2d 471 (S.D.N.Y. Sep 2004), which was vacated by Doe v. Gonzales, 449 F.3d 415 (2nd Cir. 2006), then dismissed as moot when the 2006 changes went into effect.

So, while personally I think FISA is even scarier and more offensive to liberty than the Patriot Act, the provisions of Section 215 (and the 2006 update) don't directly violate the constitution.

Answer 3

Parts of it are.

http://www.washingtonpost.com/wp-dyn/articles/A59626-2004Sep29.html

Section 215 of the Patriot Act, which allows the FBI access to any ``tangible things,'' including books and documents obtained through an order from a secret court, does not require investigators to show probable cause.

A permanent gag order on all Section 215 orders means that people whose records are obtained from a third party would never find out about it.

The range of things that could be sought under the Patriot Act was limitless. It could even be used to demand a personal journal from an individual.

The FBI must request a Section 215 order from the Foreign Intelligence Surveillance Court. And we know what the administration thinks about the FISA court.

Answer 4

in the bizzaro world of bush,where the save the trees act actually allows them to cut down more trees and the no child left behind act is designed to leave children behind, well of course the patriot act is the most repressive, unconstitutional,commie inspired,enslave the populous, unpatriotic thing they have come up with yet

Answer 5

The parts about arresting people and charging with crimes without evidence are unconstitutional, yes

Answer 6

It probably isn't, but the secrecy, even from Congressmen, is very dangerous to our liberties...and probably is unConstitutional

Answer 7

ABSOLUTELY NOT!

since you don't know.....

the patriot act cuts away bearuocratic reda tape and allows intelligence agencies and law enforcement agencies to talk to each other. That's a GOOD thing because it allows us to bust terrorist plots BEFORE they happen and people die.

See? nod your head...patriot act good.

Answer 8

Did Adolph Hitler have a similar program ?????


Oh yeah - who's watchin the politicians , as they make deals that "SELL-OUT " our country ?

Answer 9

something to hide do you? fear the Patriot Act? hmmmm

Answer 10

It can't.