A SMALL VICTORY (IF ONLY TEMPORARY) FOR THE FOURTH AMENDMENT

COMMENTARY

SHOCKING REVELATION: A FEDERAL JUDGE ACTUALLY KNOWS THE 4th AMENDMENT EXISTS. APPARENTLY NOT EVERY LAW SCHOOL TUITION WAS WASTED.

Every once in a while a judge does something right. While militant leftists have no illusions in the bourgeois judicial system, as such, we will grasp in both hands every little minor victory, even if temporary, that comes our way. In this case a federal district court judge, Judge Diggs Taylor, has held that the National Security Agency’s warrantless wiretapping of every piece of information not nailed down and that the agency can get its hands on is unconstitutional. Judge Diggs Taylor will not be getting invited to any Federalist Society seminars or other such cozy affairs any time soon.

Naturally, the Bush Administration, normally slow to act when democratic rights are to be enforced, has ordered the Justice Department to appeal this decision- immediately, "with all deliberate speed". When the 6th Circuit Appeals Court or the Supremes get this one you know its fate. I will take bets, even up, on a 5-4 quashing of this decision even though I have it on good authority that Justices Scalia, Thomas, Kennedy et. al are all unaware that there IS a Fourth Amendment to the United States Constitution.

Now for the politics. Yes, the United States Constitution and the Bill of Rights are pretty faded as working documents for any kind of just society today. But, damn, something like the Fourth Amendment against general searches and seizures even though its parameters are getting narrower and narrower with virtually every new court decision is something militant leftists defend. WE WOULD WANT THIS SAFEGUARD UNDER A WORKERS GOVERNMENT- WE DESPERATELY NEED IT NOW.

We are the best defenders of that right if for no other reason that it makes our work easier. Hell, what do you think the original American revolutionaries, particularly those the plebian elements, were fighting against? That very same prohibition against general writs that the National Security Agency and the Bush Administration are more than happy to flaunt in our faces. Do we really want to give 'big brother' the right to look at everything we do. On the other hand we are not Pollyannas. We are not blinded by a mistaken believe in the “sweet” rule of law that gets bandied amount by the media, judges, and politicans. And honored more in the breech than the observance. If this government wants to get information (even if no usable in court) it will find a way to get it warrant or no warrant. Nevertheless we will savory this decision a little for now.