what is the patriot act and the relationship to the constitution?
what is the Patriot act and the relationships to the constitution?
The law is the law is the law. Any bill which the congress passes, and the president signs and the U.S. Supreme Court rules as constitutional, is a law, with one single exception. When a law comes into conflict with a higher law, the higher law prevails. The U.S. Constitution is the highest of all laws. No law may supersede the U.S. Constitution unless it is a constitutional amendment.
Some of the provisions in the Patriot Act do come into conflict with the U.S. Constitution and therefore by law, those provisions are not valid, even if law enforcement says it is, or the attorney general, or even the courts. They are required to obey the law, the same as anybody else.
Law enforcement may have additional rights granted to them by the patriot act, but those rights do not trump your rights. They have the right to conduct warrantless search, but you still have the right to require them to have a warrant.
The 9th amendment to the U.S. Constitution says that laws shall not be construed yet law enforcement weaponizes the law by using it in a construe way all the time. For example, Police show up at your home and tell you they are there to search it. You ask them if they have a warrant at which time they inform you they don’t need one and they begin searching anyway. Fact is they do NOT need a warrant if you do not object to it. You need to say stop or cease and desist, or something similar. This is still a construment if not in the letter of the law then certainly in the spirit of the law.
People say the government is taking away our rights, and that is not true. They are attempting to take them. Rights are not privileges; they are rights, and clearly defined as such. Rights cannot be taken away, only given away by those who choose not to stand up for them.
Filed in: patriot act
The Patriot Act gives the government more ability to invade our privacy to combat terrorism. It directly attacks the 4th Amendment of the US Constitution.
References :
http://en.wikipedia.org/wiki/USA_PATRIOT_Act
http://ephemerallaw.blogspot.com/2007/10/usa-patriot-act-violates-fourth.html
It was legislation passed after 9/11, which would help in the fight against terrorism and protect Americans. However, a portion of it allowed for government to conduct wiretaps, seizures and such without a warrant from a judge. So, the Patriot act was in full violation of the US Constitution and most importantly, the Bill Of Rights.
Cheers!
References :
The law is the law is the law. Any bill which the congress passes, and the president signs and the U.S. Supreme Court rules as constitutional, is a law, with one single exception. When a law comes into conflict with a higher law, the higher law prevails. The U.S. Constitution is the highest of all laws. No law may supersede the U.S. Constitution unless it is a constitutional amendment.
Some of the provisions in the Patriot Act do come into conflict with the U.S. Constitution and therefore by law, those provisions are not valid, even if law enforcement says it is, or the attorney general, or even the courts. They are required to obey the law, the same as anybody else.
Law enforcement may have additional rights granted to them by the Patriot Act, but those rights do not trump your rights. They have the right to conduct warrantless search, but you still have the right to require them to have a warrant.
The 9th amendment to the U.S. Constitution says that laws shall not be construed yet law enforcement weaponizes the law by using it in a construe way all the time. For example, Police show up at your home and tell you they are there to search it. You ask them if they have a warrant at which time they inform you they don’t need one and they begin searching anyway. Fact is they do NOT need a warrant if you do not object to it. You need to say stop or cease and desist, or something similar. This is still a construment if not in the letter of the law then certainly in the spirit of the law.
People say the government is taking away our rights, and that is not true. They are attempting to take them. Rights are not privileges; they are rights, and clearly defined as such. Rights cannot be taken away, only given away by those who choose not to stand up for them.
References :