Comments on: Patriot Act Unconstitutional, in Part http://poligazette.com/2007/09/27/patriot-act-unconstitutional-in-part/ Politics and world events from a moderately liberal and conservative perspective Fri, 29 Aug 2008 21:14:06 +0000 http://wordpress.org/?v=2.3.2 By: jpe http://poligazette.com/2007/09/27/patriot-act-unconstitutional-in-part/#comment-7123 jpe Thu, 27 Sep 2007 04:00:43 +0000 http://poligazette.com/2007/09/27/patriot-act-unconstitutional-in-part/#comment-7123 This was a well-reasoned, well-written opinion, and the merits are pretty clear (probable cause is a floor, not a recommended guideline). I'm not an expert on the doctrine of standing (the constitutional prohibition on decisions that are merely advisory - there has to be a harm that the courts can fix), but it seems like the weakest part, and the most likely grounds for a reversal. This was a well-reasoned, well-written opinion, and the merits are pretty clear (probable cause is a floor, not a recommended guideline). I’m not an expert on the doctrine of standing (the constitutional prohibition on decisions that are merely advisory - there has to be a harm that the courts can fix), but it seems like the weakest part, and the most likely grounds for a reversal.

]]> By: Uncommon common sense on the Constitution « Greg Prince’s Blog http://poligazette.com/2007/09/27/patriot-act-unconstitutional-in-part/#comment-7125 Uncommon common sense on the Constitution « Greg Prince’s Blog Thu, 27 Sep 2007 03:51:13 +0000 http://poligazette.com/2007/09/27/patriot-act-unconstitutional-in-part/#comment-7125 [...] Van Der Galien Gazette: Though much has happened since the tumultuous times after 9/11, it’s still crystal clear in my mind how the administration redefined patriot to mean a person who agreed, without question, in their plans to secure the nation, regardless of what Constitutional compromises might be required. Republicans, led by Bush and Cheney, proceeded to use patriotism as a club to beat down dissent, a heavy-handed tactic that only worked because of the word’s new meaning. [...] […] Van Der Galien Gazette: Though much has happened since the tumultuous times after 9/11, it’s still crystal clear in my mind how the administration redefined patriot to mean a person who agreed, without question, in their plans to secure the nation, regardless of what Constitutional compromises might be required. Republicans, led by Bush and Cheney, proceeded to use patriotism as a club to beat down dissent, a heavy-handed tactic that only worked because of the word’s new meaning. […]

]]> By: Xel http://poligazette.com/2007/09/27/patriot-act-unconstitutional-in-part/#comment-7127 Xel Thu, 27 Sep 2007 03:48:20 +0000 http://poligazette.com/2007/09/27/patriot-act-unconstitutional-in-part/#comment-7127 "While this decision will not make the Bush administration or security hawks happy I believe that it is the correct ruling." You kinda nailed the rationale for your belief in the same sentence. “While this decision will not make the Bush administration or security hawks happy I believe that it is the correct ruling.”

You kinda nailed the rationale for your belief in the same sentence.

]]>