Friday, June 03, 2005
Patriot Act - First Shot
I am not a legal scholar, but a simple reading of the US Constitution and the past rulings of the Supreme Court can only lead to the conclusion that the "Library" provision of the Patriot Act is one of the least constitutional laws ever passed by our legislature.
It so obviously violates the Fourth amendment on so many levels that there is no way it could have been passed at any time in our history except during the collective panic that followed 9/11.
“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.”
The records of individual’s library transactions are clearly covered by “papers and effects.” The lack of specificity required to get a “secret warrant” clearly violates “particularly describing the place to be searched, and the persons or things to be seized.”
I have no doubt that the vast majority of the Patriot Act and in particular this provision will someday be reviewed in much the same way as most American now view the “Red Scare” of the McCarthy era. “What were we thinking? Why didn’t we speak out?”
It so obviously violates the Fourth amendment on so many levels that there is no way it could have been passed at any time in our history except during the collective panic that followed 9/11.
“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.”
The records of individual’s library transactions are clearly covered by “papers and effects.” The lack of specificity required to get a “secret warrant” clearly violates “particularly describing the place to be searched, and the persons or things to be seized.”
I have no doubt that the vast majority of the Patriot Act and in particular this provision will someday be reviewed in much the same way as most American now view the “Red Scare” of the McCarthy era. “What were we thinking? Why didn’t we speak out?”
# posted by leftinrightworld @ 10:37 AM 
