nate895
Member
- Joined
- Dec 17, 2007
- Messages
- 12,091
I'm still looking to hear why we need the Patriot Act.
anyone?
The most important provisions lie in Title VIII ("Strengthening the Criminal Laws Against Terrorism"). Those provisions define the crime of terrorism (which Congress has the authority to do since terrorism is against the Law of Nations, and Congress can define and punish those crimes) and provide for punishment of it and related crimes, mostly stiffening already existing penalties, and I'm all for increasing penalties on things that should actually be crimes (for the most part at least).
Title II is made pursuant to the power of Congress to constitute tribunals inferior to the Supreme Court, and to define their jurisdiction. Also, it is necessary and proper, pursuant to both constituting tribunals and defining crimes against the law of nations, to constitute tribunals for the purpose of investigating those crimes.
Now, these courts are secret, and there might be some debate about that, but given that Congress was given the ability to meet in secret (a power it has rarely exercise, albeit, which is a good thing), I cannot help but think that the Founders intended on there being some level of government secrecy. Not in the rogue CIA fashion for sure, but actually pursuant to legitimate constitutional functions (as I have already described), I see little problem in providing for some level of discreteness, especially on the delicate matter of foreign intelligence and counter-espionage enforcement. However, I will grant that it has gone too far and some scaling back of government secrecy must happen in order to prevent unconstitutional and dangerous power from being usurped by some sort of shadow government.