Is the Patriot Act Constitutional?

[hter]

What is the name of your state? Ohio

I've been wondering this for a while. How can the Patriot Act be Consitutional? Doesn't it go againt many right listed in the Bill of Rights? My question is why hasn't the Patriot Act been tried in the Supreme Court yet? Has it been tried in court at all regarding it's legality?

It seems to me that with the Patriot Act that the government can make up any laws and do whatever they want even with blantant disregard to the constitution or peoples legal rights. If this is true then it is a very scary and dangerous why of do things. How can any of us be protected under our rights if the government can simply ignore them.

Can anyone that know more about the Partiot Act explain to me how it is legal and not unconsitutional and not according to the bill of rights.

[Ohiogal]

Originally Posted by hter

What is the name of your state? Ohio

I've been wondering this for a while. How can the Patriot Act be Consitutional? Doesn't it go againt many right listed in the Bill of Rights? My question is why hasn't the Patriot Act been tried in the Supreme Court yet? Has it been tried in court at all regarding it's legality?

It seems to me that with the Patriot Act that the government can make up any laws and do whatever they want even with blantant disregard to the constitution or peoples legal rights. If this is true then it is a very scary and dangerous why of do things. How can any of us be protected under our rights if the government can simply ignore them.

Can anyone that know more about the Partiot Act explain to me how it is legal and not unconsitutional and not according to the bill of rights.

In order to get the case in front of the Supreme Court someone with standing has to file suit alleging that the Patriot Act is unconstitutional.

[badapple40]

Not only that, but then you'd need to go through several rounds of appeals to get it there (circuit court of appeals) and then have the U.S. Supreme Court want to hear it.

By the way, speaking of the U.S. Supreme Court, South Dakota apparently has passed a law to be a "test case" for abortion and Roe v. Wade.

[Ohiogal]

Originally Posted by badapple40

Not only that, but then you'd need to go through several rounds of appeals to get it there (circuit court of appeals) and then have the U.S. Supreme Court want to hear it.

By the way, speaking of the U.S. Supreme Court, South Dakota apparently has passed a law to be a "test case" for abortion and Roe v. Wade.

Interesting. And the Supremes just heard a case regarding late term abortion two days ago or so.. this week anyway.

[dallas702]

Do you have a specific action under the Patriot Act that you want to challenge? Do you have a specific example of someone's rights being violated through the use of some part of the act?

I'm sure there are many groups who have been trying to find a way to get the act revised or shut down through court challenges. Obviously nothing has been deemed to be unconstitutional yet, or at least enough to affect the entire act.

[shortbus]

Originally Posted by hter

I've been wondering this for a while. How can the Patriot Act be Consitutional? Doesn't it go againt many right listed in the Bill of Rights? My question is why hasn't the Patriot Act been tried in the Supreme Court yet? Has it been tried in court at all regarding it's legality?

None of the rights in the Bill of Rights is absolute. e.g, You can't yell 'fire' in a crowded theatre. The issue is where the line is drawn between permissible and impermissible limitations on these rights.