Once again, the judicial branch of the United States is shown as the reasonable branch of our government. A federal judge has ruled a section of the USA PATRIOT Act ("Patriot Act") unconstitutional. The affected section allowed the FBI to demand financial records from companies, and was challenged by the ACLU.
The judge struck down the provision because it "effectively bars or substantially deters any judicial challenge" and did not provide a way for people to challenge the government’s request.
While this is a victory for both privacy and liberty, it is interesting to note that once again, the issue had to go all the way to the courts to get a constitutional resolution.
The Patriot Act was supported by President George Bush and passed by both houses of Congress. Many of the provisions of the Patriot Act were considered unconstitutional or at the very least, controversial. In the face of this, Congress passed the act anyway. After it was passed, the Act drew even more criticism that it was unconstitutional. President Bush and many of the members of Congress who supported the act stood by it, claiming it to be a necessary tool in the war on terror.
Whether or not the Patriot Act is a useful tool in the fight against terrorism—which I personally do not believe it to be—is not the point I am trying to make. Our nation's Constitution is designed to define our government, and the Bill of Rights was passed to ensure that the government did not overstep its bounds. It is the highest law of the land, and yet, our Congressional leaders and our President seemingly chose to ignore it, deeming it more necessary to 'fight terror' than to abide by the very document that gives the government its power.
Fortunately, we have the judicial system to keep the legislative branch in check. It is interesting to note, however, that the judicial branch of this country is the only one that is not elected by the people. In this American "democracy," why is the voice of reason the one not elected?
While I support the separation of powers, and the judicial branch's power of judicial review, we as a people should demand that the other branches of government respect the Constitution. If Congress and the President do not abide by the Constitution, then our judges will be the ones making our laws. President Bush has condemned the practice of "legislating from the bench," and it is something we should all condemn, if not for the same reasons.
Democracy requires the involvement of the citizens. If our country is left in a state where the citizens cannot 'vote out' lawmakers, then it is not a democracy. Demand that your elected representatives respect the Constitution, and demand they do not hand power of this nation over to an unelected authority.