The Patriot Act's Threat To Our Blessings Of Liberty

I have addressed the Patriot Act which is before Congress at this time. There are three sticking points in the Patriot Act Mentioned in this article. One complaint is the use of “security letters” by the FBI as can be seeing from this cite.

They also say it doesn't place enough limits on the FBI's use of National Security Letters, which compel third parties to produce those documents during terrorism investigations.

I agree with this complaint because a rose by any other name is still a rose and a warrant by any other name is still a warrant. The Fourth Amendment of the Constitution is very adamant that the rights of persons to their property be inviolate from unreasonable searches and seizures. It also states a warrant even if you call it a security letter shall be issued but for probable cause. The executive branch in the form of the FBI is limited to executive power while the judicial branch is limited to judicial power. While the judicial branch can not legally seize anything themselves neither is the executive branch allowed the power to determine if there is a probable cause for such seizer. Exceptions are made when the time needed to consult a judge is considered a unnecessary burden for the executive to perform their service to protect the common defense or insure justice.

The other two items which are covered in this passage I cite from the article are constitutional.

...authorizing roving wiretaps and permitting secret warrants for books, records and other items from businesses, hospitals and organizations such as libraries.

Why I say that is that you communications are your property and can easily be covered under the word “effects” in the Fourth Amendment. Providing a judge gives the OK for a roving wiretap such a seizer is referred to as a justified invasion of your property.

Then we have the secret searches. The Forth Amendment nor any other part of the Constitution mandates that the government tell its citizens anything. The only legislature that does so that I am aware of is the Freedom of Information Act and that has a security exception. In addition a latter Act of Congress overrides an earlier Act unless a judge decides it was not intended to or Congress specifically states such in the Act..

Saying all of this I wonder what Congress will decide and if it will be challenged in court. Whatever the case the people of the United States can decide whether to hold their representatives accountable for any violation of the Constitution and I trust an informed public to watch out for their own interests more than I trust any branch of the federal government. I will vote Republican only because the Democrats violate the Constitution more often and to a greater extent than the Republicans.