Salt Lake City, Utah - ©2007 - The Deseret SpectacleThe bold intensity of the Bush administration in their multitudinous, varied assaults of Constitutional principle can sometimes have a muting effect on the seriousness of their consequences. When inundated with stories that in the past, individually, would have each caused a national uproar, it's easy to just not think about it. Fully accepting and processing it can almost overwhelm one with outrage and grief. President Bush has truly brought new meaning to the term "outrage fatigue."
Today the Judicial branch affirmed what most of us already knew: That
key provisions of the Patriot Act are unconstitutional. I've posted the decision on-line
here (
PDF) I would wager that other laws will be judged similarly, like the habeas-corpus-suspending Military Commissions Act of 2006 (
wiki) (
Whitehouse Spin) (
.GOV pdf) Speaking of which, one of the statements the Whitehouse Spin page makes on the Military Commissions Act is this:
Were It Not For This Program, Our Intelligence Community Believes Al-Qaeda And Its Allies Would Have Succeeded In Attacking The American Homeland Again.
Sorry to say, but the Intelligence Community hasn't established a terrific track record, in either competency, integrity or honesty to the people it is employed by - American Citizens. It also doesn't help when your spy chief (Director of National Intelligence Mike McConnell) is
lying to congress, talking about how expanded spying powers have played significant rolls in preventing attacks
when they have not. But really, just one more lie; one more betrayal.
Getting back to my original point, consider this: When looking for a couple of links for this post, I copied almost 4 pages of news clips, links and other references which could each form the basis of a post - or a Congressional inquiry. The "fatigue" can be very real and overwhelming.
In any event, in the courts decision, U.S. District Judge Ann Aiken put it quite beautifully:
"...the FISCR holds that the Constitution need not control the conduct of criminal surveillance in the United States. In place of the Fourth Amendment, the people are expected to defer to the Executive Branch and its representation that it will authorize such surveillance only when appropriate. The defendant here is asking this court to, in essence, amend the Bill of Rights, by giving it an interpretation that would deprive it of any real meaning. This court declines to do so.
...For over 200 years, this Nation has adhered to the rule of law -- with unparalleled success ... A shift to a Nation based on extra-constitutional authority is prohibited, as well as ill-advised."
"This court declines to do so."
I love that line.
It's kind of like saying "You want us to do what? Yeah, I don't think so, bitches."
And how will the President respond? I'm sorry to say, he will likely respond in an obscenely typical fashion, with swaggering disregard - or perhaps a tragic lack of understanding - of the Constitution of the United States of America. He will rattle of something ridiculous and completely removed from the issue at hand. He will say something like "Well, it seems to me, that the Patriot Act helps us stop Terrorists (or "islamo-fascists" perhaps), and stopping Terrorists from attacking America is a good thing."
Sigh. Yeah, Mr. President. Stopping terrorist attacks is a good thing. Giving you vast, unchecked surveillance powers while gutting the Constitution with no reason other than your vague scare tactics, demonstrably false contentions, and frightening lack of competence, is not.
The courts, for today at least, reminded us that the Constitution trumps the President, and principles should not be abandoned at the first sign of trouble. I believe that only tyrants will contend freedom must be abandoned to be be protected, and that only fools and cowards will agree. I believe our greatness comes from our ability to insist upon freedom in any light, whether in the warmth of relative peace or the shadow of terrorist threat.
Americans insist on being free.
I'm glad that at least one Federal Judge agrees.
DSSalt Lake City, Utah
The Deseret Spectacle is in no way related to the Deseret Morning News.
Letters to the EditorLabels: civil liberties, Constitutional Crisis, Director of National Intelligence, Judge Ann Aiken, judiciary, Mike McConnell, Military Commissions Act of 2006, Patriot Act, Worst President Ever