Judge: Parts of Patriot Act Unconstitutional

Revised legislation violates separation of powers, 1st Amendment
By Wesley Oliver,  Newser Staff
Posted Sep 6, 2007 4:03 PM CDT
This Phone Is Tapped   ((c) Karmalize)
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(Newser) – The Patriot Act violates the Constitution by allowing unreasonable searches and seizures, violating separation of powers, and denying free speech, a federal judge ruled today in striking down parts of the revised legislation. Judge Victor Marrero said investigators must obtain court approval before ordering ISPs and phone companies to turn over confidential information without notifying customers, the AP reports.

Marrero said the Patriot Act still “offends fundamental constitutional principles,” even though Congress revised it in 2005 to allay concerns that it granted the FBI sweeping powers without a judge’s approval. The ACLU challenged the law and Marrero agreed, writing that it “reflects an attempt by Congress and the executive to infringe upon the judiciary’s designated role under the Constitution.”