Garden Wall

Posted on by Iansã

Fourth Amendment to the Constitution of the United States:

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.

William Pitt the Elder, First Earl of Chatham:

The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail, its roof may shake; the wind may blow through it; the storm may enter, the rain may enter — but the King of England cannot enter; all his force dares not cross the threshold of the ruined tenement!

These are simple statements, but the Patriot Act appears to be endlessly complex. I would like to be a lawyer specialized in this matter. I would enjoy understanding all of its details, as I enjoy grammar. A still greater temptation is to delve into the circumstances and Lebenswelt that gave rise to personages such as Pitt.

Axé.

3 thoughts on “Garden Wall”

  1. wow…this really reminds me of a post i wrote…hold on. …on august 29, of 2005. dig:

    “Have you read the Declaration of Independence? It begins like this:

    When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

    Isn’t that beautiful? They wrote from the heart. It was a different group of people, let’s not make any mistake. […] The Declaration of Independence reads like a voice from the soul of mankind. It speaks with poetry and honesty and power. It reads as if it will be read for thousands of years; as if it asserts rights that every human ought to feel good about dying for.

    Just for fun, the Patriot Act (this is the first intelligle paragraph in the document):

    ‘(C) when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdiction of the United States, of any foreign person, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any property so confiscated shall vest, when, as, and upon the terms directed by the President, in such agency or person as the President may designate from time to time, and upon such terms and conditions as the President may prescribe, such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these purposes.’; and (2) by inserting at the end the following: ‘(c) CLASSIFIED INFORMATION.—In any judicial review of a determination made under this section, if the determination was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act) such information may be submitted to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review.’

    The Patriot Act reads as if it dares you to take it to court. It is not inspired, it is not appealing to any spiritual part of you. It is complicated and lengthy and dripping with legalese.

    We began with a determined fight to be free of oppression and claim what every human ought to have, and now we unfold a devious plan to be sneakier than anyone else, and to remove the civil rights that give our country’s legal structure some of the only beauty it has. “

    From You Are No Patriot, George. Pretty neat, eh? Great minds and all that. 😉

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  2. My God, it is similar – in the appreciation of simple language, and in noting that the Patriot Act seems to just be begging to be taken to court!

    My post is less original than yours, though: I got the Pitt quotation from a Nat Hentoff op-ed, Googled it, and realized it was one of those common quotations, only I did not know about it, so decided I did not need to credit Hentoff with having discovered it – he probably found it by Googling, too!

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  3. I do not trust that my 4th amendment right will be respected. Not in the least bit. The police in our county are too violent and get away with too much. I don’t think it is just a belief from watching t.v. either. When I see the police pull people over around here, the “to do” is outrageous. I could understand every now and again, but it seems to be all the time.

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