Re: just another small observation
All what the hell, sorry Wilily, felt like banging my head against a brick wall today.
IF YOU THINK THE bill of Rights is just a scrap of paper, and if you think the separation of powers doctrine is history than the USA patriot act is for you. Myself I dont think that it has outlived its usefulness.
I kinda like living in a country that has safeguards and Fifth Amendment protection of due process, and fourth amendment safeguards against unreasonable searches and seizures. This constitution has served us well for two hundred thirty some years; I dont think we are committing national suicide by abiding by the provisions of the Fifth Amendment, and Fourth Amendment of the constitution.
That being said, our government is responsible for protecting us against foreign, and domestic enemies. When we are under attack, civil liberties cannot remain inviolable, but thats a far cry from asserting that the may be flouted to wage war against fanatics.
US Patriot Act: Freedom from unreasonable searches: The government may search and seize Americans' papers and effects without probable cause to assist terror investigation
US Constitution (Bill of Rights)
Amendment IV: 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.
US Patriot Act
Freedom from unreasonable searches: The government may search and seize Americans' papers and effects without probable cause to assist terror investigation. [These changes were put in on 3/1/2006= Recipients of secret court orders to turn over sensitive information on individuals linked to terrorism investigations are not allowed to disclose those orders but can challenge the gag order after a year.]
US Constitution (Bill of Rights)
Amendment VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his
US Patriot Act
Right to a speedy and public trial: The government may jail Americans indefinitely without a trial.
US Constitution (Bill of Rights)
Amendment VI: ... to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
US Patriot Act
Right to legal representation: The government may monitor conversations between attorneys and clients in federal prisons and deny lawyers to Americans accused of crimes.
US Constitution (Bill of Rights)
Amendment I: Congress shall make no law ... abridging the freedom of speech ...
US Patriot Act
Freedom of speech: The government may prosecute librarians or keepers of any other records if they tell anyone the government subpoenaed information related to a terror investigation. These changes were put in on 3/1/2006= Libraries, including those that offer Internet access, would not be required to turn over information without the approval of a judge.
US Constitution (Bill of Rights)
Amendment VI: ... to be confronted with the witnesses against him .
US Patriot Act
Right to liberty: Americans may be jailed without being charged or being able to confront witnesses against them. US citizens (labeled "unlawful combatants") have been held incommunicado and refused attorneys.[ These changes were put in on 3/1/2006 = Recipients of an FBI "national security letter" an investigator's demand for access to personal or business information would not have to tell the FBI if they consult a lawyer.]
Parts that Bush doesnt like.
Bush shuns Patriot Act requirement
In addendum to law, he says oversight rules are not binding
Other parts he doesnt like.
By Charlie Savage, Globe Staff | March 24, 2006
WASHINGTON -- When President Bush signed the reauthorization of the USA Patriot Act this month, he included an addendum saying that he did not feel obliged to obey requirements that he inform Congress about how the FBI was using the act's expanded police powers.
But after the reporters and guests had left, the White House quietly issued a ''signing statement," an official document in which a president lays out his interpretation of a new law. Bush shuns Patriot Act requirement
In addendum to law, he says oversight rules are not binding [See link]
Anybody think that this could not be an abuse of power in the future? If not better take your blinders off.
Here are the links.
http://www.ii.fsu.edu/~cmcclure/patriotact.pdf
http://www.usatoday.com/news/washington/2006-03-01-patriot-act_x.htm
www.boston.com/news/nation/articles/2006/03/24/bush_shuns_patriot_act_requirement/