We can all thank Ann Aiken in Oregon for her decision to rule certain parts of the Patriot Act unconstitutional today in her U.S. District Court. It has been obvious to most legal scholars that the law passed in the fury after 9/11 was largely unconstitutional. A democracy must not give too much authority to one person. This isn't the Autocratic States of America and Judge Aiken reminded us of that today.
From The Washington Post:
A federal judge in Oregon ruled yesterday that two provisions of the USA Patriot Act are unconstitutional, marking the second time in as many weeks that the anti-terrorism law has come under attack in the courts.
In a case brought by a Portland man who was wrongly detained as a terrorism suspect in 2004, U.S. District Judge Ann Aiken ruled that the Patriot Act violates the Constitution because it "permits the executive branch of government to conduct surveillance and searches of American citizens without satisfying the probable cause requirements of the Fourth Amendment."
"For over 200 years, this Nation has adhered to the rule of law -- with unparalleled success," Aiken wrote in a strongly worded 44-page opinion. "A shift to a Nation based on extra-constitutional authority is prohibited, as well as ill-advised."
When Republicans talk about activist judges, this is what it all boils down to. When the judiciary wants to protect the Constitution from their overreaching executive authority Republicans get mad. They would rather have less liberty for the illusion of safety. They would rather give more power to Bush to do whatever he wants than keep our democracy intact.
Well they haven't won that war yet, and with courageous women like Ann Aiken, it won't be theirs to win either.
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