|
CounterPunch
November
21, 2002
A Secret
Burial for the Bill of Rights
4th Amendment R.I.P
by CAROL NORRIS
The 4th Amendment, an unwavering champion of our
right to privacy, died on 18 November 2002. The amendment, adopted
by the convention of states on 17 September 1787, was 215. The
4th tirelessly fought to guarantee that "the right of the
people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated,
and no Warrants shall issue, but upon probable cause, supported
by Oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized."
The 4th has had health issues over the
years, struggling with those that have tried to weaken it. Most
recently, it received a life-threatening blow from the USA Patriot
Act. But lower courts, concerned about possible civil liberties
abuses, tended to the injury by trying to curtail some of the
Act's power.
On the 18th, the ruling of the lower
courts was overridden by an all but unknown court: the Foreign
Intelligence Surveillance Court of Review, which is the appeals
arm of the Foreign Intelligence Surveillance Court (FISC). The
appeals panel includes three men that were appointed by Chief
Justice William Rehnquist. The courts meet in secret at the Justice
Department. Initially, the FISC ruled the surveillance privileges
sought by John Ashcroft after 9.11 "were not reasonably
designed" to ensure the privacy rights of citizens. It cited
many previous abuses of surveillance laws. But government lawyers
sought a review. And the appeals panel determined the authorized
surveillance measures of the Foreign Intelligence Surveillance
Act (FISA) are "reasonable."
And so, with the courage characteristic
of its life, the 4th succumbed to this ruling at its home in
the pages of the Constitution, surrounded by friends and loved
ones.
Ann Beeson of the Civil Liberties Union,
a long-time supporter of the 4th stated: "As of today, the
attorney general can suspend the ordinary requirements of the
4th Amendment in order to listen to phone calls, read e-mails,
and conduct secret searches of Americans' homes and offices."
Those that are being monitored won't know it. So, in essence,
there is no mechanism in place to challenge the surveillance.
And currently, only the government can do that.
John Ashcroft was reportedly seen shortly
after the decision dancing around in circles on tiptoe, hugging
himself while singing, "hot damn, hot damn, hot damn."
On record, he called the ruling revolutionary and said, "the
decision allows the Department of Justice to free immediately
our agents and prosecutors in the field to work more closely
and cooperatively in achieving our core mission...the mission
of preventing terrorists attacks." As it stands, the definition
of a "terrorist" is broad enough to include almost
anybody.
Even if the ruling had gone the other
way, the 4th would've surely lost its life at the hands of the
likes of John Poindexter and his new post-9.11 brainchild: the
Information Awareness Office (IAO), a new pentagon operation
with a $200 million budget that Poindexter will head. Poindexter,
retired rear admiral, and former national security advisor is
most remembered for another of his brainchildren: funding anti-Sandinista
rebels in Nicaragua by selling arms to Iran. He was released
from the jail sentence he was serving for lying to Congress about
this because it was decided his evidence warranted congressional
immunity.
The premiere program of the IAO will
be called the Total Information Awareness Program. This program,
if it so desires, can develop a dossier on every single American,
unearthing and tracking nearly everything a person does with
little or no need to explain itself and its motivations. This
unchecked, broad-sweeping power is something our dearly departed
amendment would be greatly dismayed to see.
The 4th was loved and respected by the
citizens throughout the US that it protected. "How will
I ever feel comfortable exercising my 1st amendment rights without
the protections of the 4th?" asked one mourner, crying into
her copy of the Constitution. Fearing repercussions, she refused
to state her name. "I always knew I could count on it,"
she continued. "It was always there for me." Another
sobbed, "El Cuarto - that's what we used to call it- was
such a big part of my life. It's what made our country different
from those police states. What are we going to do now?"
What indeed. The 4th Amendment will be
sorely missed.
It is survived by 26 sibling amendments.
The besieged 1st, 6th, and 14th amendments are also fighting
for their lives. And the 2nd continues to be held hostage by
special interests.
The surviving amendments ask that in
lieu of flowers, you send your congressperson(s) your heartfelt
sentiments.
Carol Norris
is psychotherapist and freelance writer. She can be contacted
at writing4justice@planet-save.com
Yesterday's
Features
Paul de Rooij
Identity
Under Siege
William A. Cook
What Would
the Jews of Terezin Say?
Stephen B. Chapman
Did Bush
Blaspheme?
Behzad Yaghmaian
The US
Attack on Iraq:
The Casualties of the War
Linda Heard
Turkey Holds the Future of Cyrpus Hostage
David Vest
Have You
Been Centerized?
Pierre Tristam
America's Mythical Heartland
Lori Korte and Mike Leon
Madison Votes "NO" on Iraq War
Reza Ladjevardian
US Should Use "Soft Power"
to Engage Iran
New
Print Edition of CounterPunch Available Exclusively
to Subscribers:
- CounterPunch Special:
The Persecution of Gershon Legman by Susan Davis: Smut, the Post Office, Commies
and the FBI;
- Reeling Democrats: Is Pelosi the Answer?
- Gandhi v. Hitler: the Secret Race for the Nobel
Prize;
- Sullying Mario Savio's
Memory;
- Lynching Then and Now;
- Earn While You Learn: Chris Whittle and Child Labor;
The Case of the Pompous
Professor;
- The Class Struggle in
Boston: All that
Effort, But What Did They Get?
Remember, the CounterPunch website is
supported exclusively by subscribers to our newsletter. Our worldwide
web audience is soaring , with about seven million hits a month
now. This is inspiring, but the work involved also compels us
to remind you more urgently than ever to subscribe and/or make
a (tax deductible) donation if you can afford it. If you find our site useful please: Subscribe
Now!
Or Call Toll Free 1 800 840 3683
home / subscribe
/ about us
/ books
/ archives
/ search
/ links
/
|
November 14,
2002
Edward Said
Europe vs.
America
Todd May
The Ironies of History
Paul de Rooij
US Aid to Israel
Feeding the Cuckoo
Ben Sonnenberg
Vertov's
Man With a Movie Camera
Gadi Algazi and Azmi Bdeir
Transfer's Real Nightmare
Martin van
Creveld
Sharon's Last Option
Walter Brasch
Scoring the US/Iraq War
Michael S.
Ladah
The Burning Sails of Baghdad
Don Moniak
An Open Letter on the Augusta Golf
Course Campaign
George Fletcher
Is the UN Security Council Vote on Iraq Illegal?
Ralph Nader
A Tribute to Wellstone
Adam Engel
Mannahatta!
(A Tale of Two Cities)
Bernard, Engel, Dailey, St.
Clair
Poets' Basement
Resources:
100s of Links
About 9/11
CounterPunch:
Complete
Coverage of 9/11 and Its Aftermath
Five
Days That
Shook The World:
Seattle and Beyond
By
Alexander Cockburn
and Jeffrey St. Clair
Photos by Allan Sekula
(Click Here to Order from CounterPunch
Online at 20% Off Amazon.com's price!)
Read
Whiteout and Find Out
How the CIA's Backing of the Mujahideen Created the World's Most
Robust Heroin Market and Helped to Finance the Rise of the Taliban
and Osama bin Laden
Whiteout:
CIA, Drugs & the
Press
by Alexander
Cockburn
and Jeffrey St. Clair
|