The Supreme Court of the United States of America declined to hear a case the ACLU filed against the NSA. They declined to hear the case without comment.
Why is this important?
The details of the case are simple. The ACLU is challenging the legality of the warrantless wiretapping that is currently going on in this country.
The court will not hear the case.
If the court heard the case they would be forced to rule against the NSA. Warrantless searching in this country is a Constitutional violation.
The 4th Amendement says:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
It states unequivocally that the government can't look, listen to or seize anything without a warrant. No warrant can be issued without specific evidence of wrongdoing and the warrant itself must contain specific things to be seized. The language could not be more clear. Written in an age of tyranny, nothing was more important to the framers than personal liberty.
Now, in the name of expediency and fear, our government chooses to use the excuse that they are protecting us by abrogating our freedoms and liberties. Our Supreme Court is silent rather than speak the truth aloud. This simple truth. Ignoring civil liberty under the guise of protection is facism. To be a truly free society our government must take the more difficult path and protect its citizenry without forcing the sacrifice of liberty. Anything else was unacceptable to our founding fathers and should be unacceptable to the American people today.
To paraphrase Benjamin Franklin, "Those who would give up essential liberty for temporary safety or security, deserve neither safety or security."
The courts are the last line of defense of the people. They are empowered to stand up and say, "If the United States is governed by the rule of law, this is wrong and MUST cease." If the courts are silent and refuse to act when our organizing principles are ignored then we are no longer a nation governed by laws.
I am frightened for us all.
No 1 of Consequence
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5 comments:
Nice post...
Here's Keith Olbermann's take on it.
http://www.crooksandliars.com/2008/02/20/contempt-by-the-supreme-court/
And the government wonders why people go into court houses and start shooting. Taking away protection under the law can only lead to revolution and anarchy.
And I thought we in Oz were unlucky because we don't have a Bill of Rights - what's the point? Let's all adopt the far more comprehensive International Bill of Rights instead - or you can move to Oz, where the munchkins just kicked out an evil Man of Steel.
Pity about your electoral system, too.
Check this out
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