posted on Jan, 14 2005 @ 12:20 AM
Originally posted by MemoryShock
This would, by definition of the Patriot Act, qualify said gang member as a terroist....though depending on the charges of the other 18 guys, I wonder
if they would fall into the "terrorist" category.
Aack, this country is painful......
1. He wasn't tried under the Patriot Act. He has been charged with violation of a different law enacted by the state of New York.
2. The right to interpret the law rests with courts. It is within the power, and in fact the responsibility of the courts to determine the application
of lackthereof of a terrorism law outside of its original intent. In short: this is EXACTLY why we have judicial review.
3. If the courts fail to interpret the law correctly, depending on which state the law is in, it may be possible to pass a law by referendum which
ammends the definitions and in effect over-rules the court decision, unless the court finds the new law to be unconstitutional.
So that's what really needs to be done; states that have a referendum process need to push changes of definition for terrorism through.