A Federal Judge today demonstrated once again that the Left hates America. Judge Ann Aiken, of Oregon, ruled 2 provisions of the USA PATRIOT Act unconstitutional. Apparently, she believes that the Fourth Amendment (Wait until you hear this) applies to American people. You see, Congress, knowing how important our security is, saw fit to, what's the best word here, "streamline" our Constitutional rights and liberties. President Bush needed this streamlined approach to freedom in order to protect us from Iraq, you see, and Congress did what it could to help him.
One of the things they did was make it possible for the Executive Branch to protect us by searching our properties, possessions, and conversations without securing a warrant, using the Foreign Intelligence Surveillance Act. As the Executive Branch said some years ago - if you've done nothing wrong, then what do you have to be concerned about?
Well, then the problem came. The problem was that one of those people who did something wrong got caught. And rather than admit he did something wrong, he decided to challenge The Decider's law. Who was this rapscallion, and what did he do, you might be asking yourself. Well, I'll answer. His name is Brandon Mayfield, and what he did was he was held as a material witness by the FBI because a fingerprint that was not his was found on the site of the Madrid train bombings from 2004. Brandon had the gall to be offended that the FBI recorded his phone calls, searched his house and law offices (really, Attorney-client privilege is not affected when they don't KNOW they're being listened in on), and put him under 24-hour surveillance.
Now, I hate to beat a dead horse, but come on. He had to know this was going to happen. He was a Muslim, and we're at war on Terror. If he didn't want to be detained, then he shouldn't have had fingers.
At any rate, he gets the case to the Activist judge, whose opinion cannot be relied upon, because she's a liberal. And we all know those activist judges. They read the Constitution and twist the words around to mean whatever they want it to mean. In this case, the judge read the Fourth Amendment, which protects against unreasonable searches and seizures and requires warrants, and then she read the Supremacy Clause, which states that the Constitution and all laws and treaties passed pursuant to it shall be The Supreme Law of the Land, and then she read precedent which shows that First in Time applies to laws and treaties, but the Constitution trumps all. And then she made the stereotypical Activist Decision - that the Fourth Amendment trumps the USA PATRIOT Act. What a sad day for America.
But, Steve, how do you know she's an activist judge? Well, that's simple - she was appointed by President Clinton (the first one). Which means she's a Democrat appointee, which means she's a liberal, which means she's an activist judge. Very simple. And unfortunate. I'm sure the ACLU had something to do with the choice of venue.