The last week saw the extension of the Patriot Act. Which gutted the probable cause standard of the Forth Amendment and replaced warrants with National Security Letters. The “Conservatives” on the Supreme Court have carved out so many exceptions to the Forth Amendment that a semi-truck can be driven though the Amendment. This does not include the provisions of the FISA Act which created secret courts in a manner that would make the Third Reich proud.
In fact due to the fact that I have exercised My First Amendment right through this blog I may very well may be under investigation now. The Supreme Court has abdicated it’s responsibility through Renolds which prevents the courts from even looking into violations of the Constitution by a simple exertion of National Security not only by the President but by any agency of the Government. We all know by this point that G.W. Bush (a.k.a. Shrub) had no problem violating the Constitutional Rights of U.S. Citizens and it has been reported that Shrub was not the only Republican President to do so (it has been reported that Former President Herald Ford followed in the foot step of Nixon in this whole sale violation of the Constitution.).
Now I have made a couple of posts related to the Constitution, In one I asked if it was time for a Constitutional Convention? One in which sanctions are written into the Constitution spelling out criminal penalties should a President violate the rights of citizens. Perhaps it would also be appropriate to consider recall provisions for representatives that fail to actually represent constituents as is currently the case. Based on the Citizens United case the only recourse to stop the sale of Congress to the Corporations may in fact be a Constitutional Amendment stating that Corporations are not people and the Constitution only extends to natural persons.
Despite the two part test required by the Forth Amendment which requires first that there be probable cause for a search the “Conservatives” have focused on reasonableness only. This two part test in the Constitution requires that first there be probable cause and then and only then that a search be reasonable i.e. you can’t search a max box for a tank. The Republicans in Congress and the States are in the process of insuring that only Republicans can vote. Republicans have blocked any attempt at transparency when it comes to Corporate Political spending or spending by so called grass roots groups like Carl Roves GPS this is despite the fact that the Citizens United decision said this would be permissible.
In another post I stated that an individual has only those right which he can defend. There is no mechanism by which a citizen can defend there right to be secure in their person, paper, etc. when when one is prevented from finding out if and to what extent the government has spied on them. If for instance a NSL (National Security Letter) is issued for the records of an individual the person, or company can not inform the individual without violating the law, so what happens should there be nothing in those records? The individual is never informed that their records were examined and will never be informed. Does that mean a violation of their rights never occurred? That is like asking if a tree falls in a forest and no one is around does it make a sound? We all know that it does just as a violation of rights may have occurred. Who is responsible for determining if the request was in fact warranted? No one is going to be more protective of My rights than Myself just as you can not expect Me to be more protective of your right than you are of your own.
Now Congress has made the OIG (Office of the Inspector General) at the Justice Department responsable for monitoring the use of the authoritise authorized by the Patrot Act and in fact the OIG has found violations of that authority. Has there been an procecutions? No. Has there been any terminations? No. Have the people who were the targets of these violations been informed so that they could take action? No. So have their Rights been Protected? No.
This is by no means a total list of the abuses of the fundamental RIGHTS that have and will continue to occur without specific Constitutional Sanctions and a requirement that the Courts examine all violations including those which government tries to hide using “National Security” to prevent discovery of those abuses. Again I will say an individual has only those rights which they can defend. Violation of fundamental rights is what caused the revolution establishing this country and the Republicans/Conservatives have been trying to destroy sense it’s creation.
So I ask again is the Constitution Dead? or just dieing?