the patriot act - revisited

A Constitutional Disaster
Chip Pitts While natural disasters in the Gulf Coast and the man-made disaster in Iraq continue to grab the public's attention, a constitutional disaster quietly threatens the nation.
The USA Patriot Act's renewal is now almost a fait accompli--accepted by all but the most steadfast civil libertarians in Congress. The House and Senate have separately voted to approve the law with only minor changes, and the final conference committee action and vote is expected within the next week or so. None of the provisions of the law that were slated to sunset now appear likely to do so.
This law, enacted during a "state of emergency" declared by President Bush and intended to be revisited in calmer times, is now effectively being made permanent. California Republican Representative Dana Rohrabacher has strongly objected to the reauthorization on this ground. The Patriot Act has been and will continue to be used mainly against ordinary Americans accused of crimes unrelated to terrorism, or those who disagree with government policies or happen to be immigrants or of the Muslim faith.
The result is likely to be an enduring shift of power from the legislative and judicial branches to the executive branch--and less privacy and liberty for all.
New Supreme Court Chief Justice John G. Roberts Jr. is unlikely to offer much relief; he has supported the Administration's so-called "war on terror" policies. Unlike retiring Justice Sandra Day O'Connor, who wrote last year that the President did not have a "blank check" even in times of war, her proposed replacement, Harriet Miers, if confirmed would likely be more accommodating on these issues. Granting the President such broad new powers, especially given today's surveillance technologies, would change the very foundations of the American body politic..............