California Conservative

Ann Aiken, a judge appointed by Bill Clinton, has ruled parts of the Patriot Act are unconstitutional:

Two provisions of the USA Patriot Act are unconstitutional because they allow secret wiretapping and searches without a showing of probable cause, a federal judge ruled Wednesday.

U.S. District Judge Ann Aiken ruled that the Foreign Intelligence Surveillance Act, as amended by the Patriot Act, “now permits the executive branch of government to conduct surveillance and searches of American citizens without satisfying the probable cause requirements of the Fourth Amendment.”

Judge Aiken should dust off the law books. The Fourth Amendment protects against unreasonable searches. Court after court has ruled that warrantless searches are constitutional. If her ruling stands the appeals process, it would cripple the intelligence community’s ability to surveil.

Let’s be blunt about something: It’s time that we junked FISA. In the past, ConLaw professors have said that it’s unconstitutional. Let’s test that theory. Let’s file a lawsuit challenging its constitutionality. Let’s do something so judges like Ann Aiken can’t write opinions like this:

“For over 200 years, this Nation has adhered to the rule of law, with unparalleled success. A shift to a Nation based on extra-constitutional authority is prohibited, as well as ill-advised,” she wrote.

The reality is that jurists have recognized the legitimate right of warrantless surveillances. Judge Aiken should’ve read this post by Powerline’s John Hinderaker before making her ruling. Had she read it and taken it to heart, she wouldn’t have ruled the way she did. (more…)