Do you agree with the ruling of U.S. District Judge Ann Aiken on the Patriot Act?

Question

http://www.msnbc.msn.com/id/20999950/

U.S. District Judge Ann Aiken ruled that the Foreign Intelligence Surveillance Act, as amended by the Patriot Act, "now permits the executive branch of government to conduct surveillance and searches of American citizens without satisfying the probable cause requirements of the Fourth Amendment."

"For over 200 years, this Nation has adhered to the rule of law — with unparalleled success. A shift to a Nation based on extra-constitutional authority is prohibited, as well as ill-advised," she wrote.

Answer 1

Of course, Who would not? Lets try to understand what happened here.

The ruling dealt with whether the government could investigate alleged criminal activity of US citizens without a warrant under the Patriot Act. FISA already allowed the government to investigate acts of "international espionage" but it was amended in the Patriot Act to allow warrantless investigations alleging criminal activity without a warrant. In short, this means that the government could previously, and presumably still can, investigate national security issues without a warrant. The ruling is limited to investigation of US citizens where the purpose is to investigate a crime.

"The decisions in Katz (Katz v. US, 389 U.S. 347 (1967)) and Keith (US v. US District Court, 407 U.S. 297, (1972))drew a line between surveillance conducted by law enforcement officials to investigate crime-which requires a traditional warrant based upon probable cause-and surveillance conducted by intelligence officials to gain foreign intelligence information."

There is not question that the intention of this administration was to allow law enforcement officials to treat US citizens the same way they conduct espionage investigations without judicial review. That clearly is NOT what the constitution intends and we should all be appalled that the Justice Dept. even attempted this incredibly onerous breach of the Constitution.

Answer 2

The entire 'Patriot Act' should be scrapped. What real patriot would back such an insult to a supposedly free people? Also the 'Homeland Security Gestapo should be dumped as well. We have the FBI for domestic problems and the CIA for overseas problems and NSA and DIA to fill in the gaps...we sure as hell don't need some kind of KGB organization with zero oversight and with nobody that has the authority to tell them to stop. You bet..Go Judge Aiken!

Answer 3

I agree 100% because The Constitution gets its power from the people and the government gets its power from the Constitution...so the government should not be violating the Constitution as that is same as breaking law.

If people have to obey law then government does too!

Answer 4

Yes a traditional American Patriot; no party affiliation necessary to attempt to gain control, or political popularity points.

Answer 5

She grow to be incorrect. additionally, President Bush can write an government order which could supercede what she struck down. President Bush has "wartime powers". for the duration of WW2, President F.D.R legally used his wartime capacity to arrest every person that practiced the religion "Shinto". That faith finally brought about the attack on Pearl Harbor. President Clinton wrote an E.O. that allowed no warrant searches of persons and possessions in 1995. In March 2006 a listening to grow to be held that grow to be suggested as "Wartime government Powers and the FISA courtroom". pay interest to FISA's precise decide remark "have compatibility with the Fourth exchange." the main famous FISA decide Allan Kornblum (additionally a constitutional expert) suggested: " The ideally suited courtroom suggested that the Fourth exchange grow to be surprisingly versatile, and that the standard for criminal, what they call elementary crimes, what i might call classic regulation enforcement, desire not be comparable to that for distant places intelligence series, and that distinctive standards for various government applications have compatibility with the Fourth exchange." "As you be attentive to, in Article I, area 8, Congress has enumerated powers besides because of the fact the capacity to legislate all enactments mandatory and proper to their particular government, and that i think that's what the President has, comparable authority to take government action mandatory and proper to accomplish his enumerated many times going on jobs of which at present we are in basic terms speaking approximately surveillance of people."

Answer 6

Yes; a victory for conservatives against lip-service Constitutionalists (not those in that really minor party - the Bush moderates).

Answer 7

Yep.

That one piece of legislation pretty much sums up the entire ideology of the current administration.

A famous American once said 'anyone who gives up their freedoms for a feeling of security deserves neither'.

Answer 8

Yes, these conservative lapdog judges have basically destroyed the 4th amendment. It's been ruled away to the point of being meaningless.

Answer 9

sounds like she knows what she's talking about