Quote:
Quote by: Mr. Jaggers  It would go a lot faster if the Congress would just repeal the Patriot Act in its entirety; for it will take a long time for the federal courts to stike down its several provisions through the process of judicial review. |
It would, but that would require backbone.
Letting the courts do it piecemeal serves several purposes for the legislature:
They are seen as "doing something" to prevent terrorism when they pass the act.
They maintain popularity with voters who agree with the act by not repealing it while appeasing those who disagree with it since their side ultimately wins when the provisions are thrown out.
They blame the courts for any negatives that occur as a result of the overturning, thus propping up the calls to end the independent judiciary.