Quotulatiousness

October 4, 2009

Are the Democrats rediscovering a taste for civil liberties?

Filed under: Government, Law, Liberty, USA — Tags: , — Nicholas @ 11:57

There’s been very little I could find to praise in the performance of the current US majority party in both houses of Congress, until very recently. Democrats, including newly minted Senator Al Franken, are appearing to seriously threaten the renewal of several portions of the Patriot Act, due to expire this year:

Some Democratic lawmakers have long wanted to weaken the act, and now, with big majorities in the House and Senate, they have their chance. But the renewal debate just happens to come at a time when recently uncovered domestic terror plots — most notably the Denver shuttle bus driver and his colleagues caught with bomb-making materials and a list of specific targets in New York City — are highlighting the very threats the act was designed to counter. Republicans are fighting to keep the law in its current form.

“These three provisions have been very important for the investigative agencies who are working every day to protect us from terrorist attack,” says Sen. Jeff Sessions, ranking Republican on the committee. “Before the Patriot Act, terrorist investigators had far less authority to get records and documents than a DEA or an IRS agent.”

Democrats have proposed a number of changes, all of which would weaken the law. Sen. Russell Feingold wants to do away with the “lone wolf” provision entirely. Sen. Patrick Leahy, the Judiciary Committee chairman, would make it more difficult for investigators to obtain business records. In addition, Leahy wants to return to legal standards that existed before September 11 regarding “national security letters,” which are essentially subpoenas issued by the FBI and other security agencies. “They are going back to a September 10th mentality — literally,” says one GOP committee aide.

The original Patriot Act was “the most abominable, unconstitutional congressional assaults on personal freedom since the Alien and Sedition Acts of 1798 made it a crime to libel the government” (Andrew P. Napolitano). It was a blank cheque for the one of the most far-reaching extension of law enforcement into the private lives of Americans in over 200 years (ranking with both Prohibition and the War on Drugs as liberty-reduction methods).

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