“In place of the Fourth Amendment, ... the people are expected to defer to the Executive Branch ...

Judge Rules Provisions in Patriot Act to Be Illegal | By SUSAN JO KELLER | Published: September 27, 2007

WASHINGTON, Sept. 26 — A federal judge in Oregon ruled Wednesday that crucial parts of the USA Patriot Act were not constitutional because they allowed federal surveillance and searches of Americans without demonstrating probable cause.
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“For over 200 years, this nation has adhered to the rule of law — with unparalleled success,” Judge Aiken’s opinion said in finding violations of the Fourth Amendment prohibitions against unreasonable search and seizure. “A shift to a nation based on extraconstitutional authority is prohibited, as well as ill advised.”
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“In place of the Fourth Amendment,” the judge wrote, “the people are expected to defer to the Executive Branch and its representation that it will authorize such surveillance only when appropriate.”

She said the government was “asking this court to, in essence, amend the Bill of Rights, by giving it an interpretation that would deprive it of any real meaning.”