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Part of Patriot Act ruled unconstitutional
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georgia_tech_swagger Offline
Res publica non dominetur
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SkunkworksFolding@NCAAbbsNCAAbbs LUGCrappies
Post: #1
 
YES!

"In a victory today for the ACLU, the section of the Patriot Act which gives power to the FBI to demand confidential financial records from companies as part of terrorist investigations has been ruled unconstitutional by a U.S. District Judge. Victor Marreo, the District Judge who made this ruling, states that the provision of the Patriot Act in question 'effectively bars or substantially deters any judicial challenge.'"

Not surprisingly, Comrade John Kerry added that part to the Communist Manifesto... I mean Patriot Act.

<a href='http://abcnews.go.com/wire/US/reuters20040929_295.html' target='_blank'>http://abcnews.go.com/wire/US/reuters20040929_295.html</a>
09-29-2004 08:31 PM
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MAKO Offline
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Post: #2
 
Judicial review is an absolute cornerstone of freedom. Without it, we effectively cede dictatorial authority to the executive. Indeed, our entire system is built on "checks and balances" so that no branch can have too much power. Conservatives frequently wail about the "activist" judiciary but the truth is that probably 90% of all judicial decisions can be overturned by simple legislation. The only ones that can't be overturned by simple legislation are those decisions interpreting the Constitution and even those can be overturned if you can convince enough people that it should be.
09-30-2004 04:40 PM
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T-Monay820 Offline
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Post: #3
 
Quick question on the judicial review thing.

Back under Andrew Jackson with the Cherokee's and all that, they sued to keep their land and the Supreme Court ruled that they were entitled to it. But that's where Jackson made his famous "The've made their decision, now let them enforce it" quote and kicked them out anyway.

What should have happened? Did Jackson overstep his boundary, and if so, who should have done what?
09-30-2004 06:52 PM
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