I disagree that the Patriot Act suspends rights guaranteed by the constitution. The Fourth Amendment does not say a subpoena can only be issued by the Judicial Branch.
Is there potential for abuse? Sure, when isn't there potential for abuse? Seems that there was some controversy about Clinton using the IRS to audit people he didn't like. That doesn't mean the IRS shouldn't be allowed to audit anyone. Did Clinton have anything to do with Vince Foster or Ron Brown? I don't know. But, Clinton was not above the law just because he was President. If it could have been proven, he would have been charged.
Does the Constitution guarantee me the right to bear arms? It certainly does. But, I am not legally able to purchase a fully automatic weapon. Does a highway patrolman have the right to issue me a ticket for not wearing a seatbelt in my own car? Not in my opinion. I hate that seatbelt law.
Do judges have perfect judgement? No, I think Terri Schivio's civil rights were violated. So why should only judges be allowed to issue subpoena? They are not all knowing and perfect.
During the Cold War did the CIA have to obtain a subpoena to spy on the Soviet Union? No. I think of this in the same way. Terrorism is the same type of threat, only we are not dealing with a foreign government.
With other types of administrative subpoenas, there are only certain circumstances when they can be used. Put is some wording defining a terrorist activity, define when it can be used, and I see nothing wrong with it.
No, but Article II grants only executive powers to the executive branch, and Article III grants judicial powers to the judicial branch, and emphasized that those exercising such powers must be as free from political influences as possible (appointments "during good behavior"). Issuing subpoenas is a judicial function.
Seems that there was some controversy about Clinton using the IRS to audit people he didn't like. That doesn't mean the IRS shouldn't be allowed to audit anyone.
It means that the IRS shouldn't exercise judicial subpoena-type powers either.
Does the Constitution guarantee me the right to bear arms? It certainly does. But, I am not legally able to purchase a fully automatic weapon.
So you think one violation of the Constitution justifies another? Sweet.
During the Cold War did the CIA have to obtain a subpoena to spy on the Soviet Union? No.
Nor did the CIA issue its own "subpoenas" against the Soviet Union.
Does the Constitution guarantee me the right to bear arms? It certainly does. But, I am not legally able to purchase a fully automatic weapon. Does a highway patrolman have the right to issue me a ticket for not wearing a seatbelt in my own car? Not in my opinion. I hate that seatbelt law.
Click it or ticket...
