A federal judge issued a blistering attack on the USA Patriot Act on Thursday as he struck down a key part of the law, ruling that it runs roughshod over the Constitution and puts Americans in danger of "far-reaching invasions of liberty."
In a ruling remarkable for its numerous pages spent defending the need for judicial oversight of laws, U.S. District Judge Victor Marrero handed the American Civil Liberties Union a major victory in its challenge of the post-Sept. 11 law.
"Congress needs to fix the mess it created when it gave the government overly-broad powers to obtain sensitive information about Americans," said Sen. Russ Feingold, D-Wis., one of the few lawmakers to vote against the Patriot Act.
The judge immediately stayed the effect of his ruling, allowing the government time to appeal. Justice Department spokesman Dean Boyd said: "We are reviewing the decision and considering our options at this time."
The ACLU had challenged the law on behalf of an Internet service provider, complaining that it allowed the FBI to demand records without the kind of court supervision required for other government searches. Under the law, investigators can issue so-called national security letters to entities like Internet service providers and phone companies and demand customers' phone and Internet records.
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Noting that the courthouse where he resides is several blocks from the fallen World Trade Center, the judge said the Constitution was designed "so that the dangers of any given moment would never suffice as justification for discarding fundamental individual liberties."
He said when "the judiciary lowers its guard on the Constitution, it opens the door to far-reaching invasions of liberty."
In a lengthy opinion, he gave what amounted to an eighth-grade civics lesson, describing why the founders of the Constitution created three branches of government, separate but equal, delegating the judiciary to say what the law is and to protect the Constitution and the rights it gives citizens.
Regarding national security letters, Congress impermissibly crossed its jurisdictional boundaries so dramatically that to let the law stand might turn an innocent legislative step into "the legislative equivalent of breaking and entering, with an ominous free pass to the hijacking of constitutional values."
The article is correct about "eighth-grade civics lesson." That is where I was taught about our Constitution and the Bill of Rights. Particularly about the reason for the 3 branches of government and separation of powers. It is very obvious to me the Bush flunked his civics classes; then again, Emperor Bush may be choosing just to ignore them.
Side issue, Gonzo supported this and should be disbarred and prevented from practicing law in the US.
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