Monk-Eye

"Judge Strikes Down Part of Patriot Act"

Marrero's lengthy judicial opinion, akin to an eighth-grade civics lesson, described why the framers of the Constitution created three separate but equal branches of government and delegated to the judiciary to say what the law is and to protect the Constitution and the rights it gives citizens.

He said when ``the judiciary lowers its guard on the Constitution, it opens the door to far-reaching invasions of liberty.''

He said Congress, in the original USA Patriot Act and less so in a 2005 revision, had essentially tried to legislate how the judiciary must review challenges to the law. If done to other bills, they ultimately could all ``be styled to make the validation of the law foolproof.''

In that event, he said, the judiciary could become ``a mere mouthpiece of the legislature.''

Regarding the national security letters, he said, Congress crossed its 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.''

Marrero said the constitutional barriers against governmental abuse ``may eventually collapse, with consequential diminution of the judiciary's function, and hence potential dire effects to individual freedoms.''

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Hanged Man
Melpomene

chevydriver1123

How long till some right winger cries "Activist Judge"

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TurtleDude

I will point out that there are grounds to believe he is a poltical hack based on his resume, an affirmative action case given he is puerto rican and a lefty given he was appointed by Clinton after having no judicial experience and no real experience as a trial attorney

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Charlie_Tofu

Just my not-so-humble opinion on this subject but we have ample documentation of the fact that the Patriot (un-natural) ACT was voted on without giving Congress the opportunity to read it.
Now if some sleezoid used car salesman pressured people into signing contracts without reading it, there would be consumer outrage and that clown would be put out of business.

My recommendation is to have the Patriot act nullified because it was passed without giving Congress the opportunity to read it!
This is a HUGE procedural *-up!

Who was speaker of the house at that time?

Congresspeople who vote for stuff they have not read should be fired and replaced with people who will do the job right!

TurtleDude

wow seven months awaiting a response

Harshaw

To say nothing of the preposterous idea that Congress can be "forced" to vote on anything without "reading" it.

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dirtpoorchris

link broke? I think bush must have whiped the article *puts on tinfoil hat

Goobieman

Yes.
Like the wholesale taxing of the people to support the welfare state,

Congress has the power to create lower courts and define their jurisdiction.
Further, congress, in the law, has the power to define the words used in the law, including how terms shall be used and interpreted.

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Senator McCain has a lifetime of experience he will bring to the White House. And Senator Obama has a speech he made in 2002.
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http://www.thecarpetbaggerreport.com...ves/14843.html

Goobieman

Show this to be true.

Zyphlin

And, as it should be, the system corrects itself. Things were put into effect during trying times to further the duty and power of the executive in conductin the things it needed during a time of great potential danger. As that time wears down, the balance shifts from security to freedom, and the court does its job in removing things and setting back the balance.

This is why our system is wonderful. Throughout our history, again and again, during times of great strife the legislature of the executive...and sometimes along with the judiciary...perform actions that are adverse to the ideals the framers presented as the "normal" actions for this country in exchange for assuring the security of it in the hope for the continuence of the country.

Likewise...

Like those past times, those measures enacted in the hope of security and longevity begin to be removed, repealed, and revoked as the balance shifts back to freedom and we get farther away from the need for security.

Periods of peace will then ensue for some time till the next point in time comes that we are placed in a potential for grave danger, once again the shift will go back towards security, once again the people will accept it, and once again the cycle will continue.

If only such a cycle existed for shifting back and forth between the amount of government involvement in private matters -.-

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I agree with Mr. Obama. We need to get our arabic translators from the 56th and 57th states out of Iraq and into Afghanistan where their translation services are truly needed. Thank god we have a guy that can talk pretty now, since that naturally means he's intelligent.