Monday, August 21, 2006

Re: FISA and The Patriot Act Do Violate the Constitution

George the V (GWB) has many strange ideas regarding the Constitution and the safeguards of our civil liberties. It is amazing how similar his ideas are to those of the radical fascism that was epitomized by both Hitler and Mussolini. Corporate fascism by any other name is still fascism. The President's recent public statements (and his Administration's public statements) regarding his orders to secretly surveil telephone and email conversations without court order or finding of probable cause have landed him and his Administration in hot water.

Amazingly, there is a federal judge who is not afraid to call FISA and the Patriot Act what they are: acts of tyranny.

To see the memorandum and order recently rendered by Judge Anna Diggs Taylor go to:

And from the ruling by Judge Taylor:

"As Justice Warren wrote in U.S. v. Robel, 389 U.S. 258 (1967):

Implicit in the term ‘national defense’ is the notion of defending
those values and ideas which set this Nation apart. . . . It would
indeed be ironic if, in the name of national defense, we would
sanction the subversion of . . . those liberties . . . which makes the
defense of the Nation worthwhile. Id. at 264."

James Madison had something very relevant to say regarding this discussion as well:

"The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny." THE FEDERALIST NO. 47, at 301 (James Madison).

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