The USA Patriot Act
The United States of America is a country that is based upon a principle of balancing the rights of an individual, while still preserving public order. The U.S. Constitution (specifically the Bill of Rights) guarantees every American certain Individual rights. Some of these rights include; freedom from unreasonable search and seizures, a right to due process of law, and protection against cruel and unusual punishment (The 4th, 5th and 8th Amendments). Historically the criminal justice system has preserved these rights of peopled accused of crimes. However on September 11, 2001, the United States became the victim of the largest terrorist attack the World has ever seen. According to Schmalleger in 2003, that attack cost almost three thousand people their lives, and an estimated two trillion dollars in damages. However since September 11 2001, several critics have claimed that the United States of America no longer protects these rights. They argue that the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001, violates the rights of suspected terrorists, and those of every single American. Supporters of the USA PATRIOT Act argue that the bill has been vital in arresting suspected terrorists, and it has helped deter future terrorist attacks.
The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism ACT of 2001, was signed into law on October 26, 2001, shortly after the September 11th attacks. The act was passed in a direct response to the attacks, as a way for Law Enforcement to combat and deter terrorism. Schmalleger (2003) on page 8 summarizes the USA PATRIOT ACT. ?A federal law (Public Law 107-56) enacted in response to terrorist attacks on the World Trade Center and the Pentagon occurring on September 11, 2001. The Law, officially titled the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, substantially broadens the investigative authority of Law enforcements agencies throughout America and is applicable to many crimes other than terrorism.?
Shmalleger (2003) in pages 300-301 further listed specific sections of the act that law enforcement can use to investigate terrorist activities. ?Title II-Enhanced Sur...
... middle of paper ...
...ost-9/11 calm.
HoustonChronicle.com. Retrieved August 25, 2003,
from http://www.chron.com/cs/CDA/ssistory.mpl/nation/2056725
Associated Press (2003, August 20). Ashcroft mounts Patriot Act defense.
MSNBC.com. Retrieved August 25, 2003,
http://www.msnbc.com/news/954389.asp?0sl=-12
Associated Press (2003, July 21). Patriot Act Complaints Reviewed.
WiredNews.com. Retrieved August 25, 2003,
http://www.wired.com/news/print/0,1294,59709,00.html
Schmalleger, F. (2003). Criminal Justice Today: An Introductory Text for the 21st
Century.
Taylor, G. (2003, July 21). Communities Shun Patriot Act.
www.washingtontimes.com. Retrieved August 25, 2003,
http://dynamics.washtimes.com/print_story.cfm?StoryID=20030720-115938-
3269r
Taylor, G. (2003, July 24). FBI chief praises the Patriot Act.
www.washingtontimes.com. Retrieved August 25, 2003,
http://dynamic.washtimes.com/print_story.cfm?StoryID=20030723-111557-
2975r
Ward, J. (2003, June 18). Ashcroft defends Patriot Act in visit.
www.washingtontimes.com. Retrieved August 25, 2003,
http://dynamics.washtimes.com/print_story.cfm?StoryID=20030617-10458-
2731r
Cole, D., & Dempsey, J. X. (2006). Terrorism and the constitution: sacrificing civil liberties in the name of national security. New York: New Press.
After the horrendous terrorist attack on the New York Trade Center a new Bill was passed by congress shortly after September 11, 2004. This bill is known as The Domestic Security Enhancement Act also called Patriot Act 2. This bill was designed as a follow-up to the USA Patriot Act to work in increasing government surveillance, detention and other law enforcement powers while reducing basic checks and balances on such powers. By the beginning of the year 2003 a draft of the legislation was available. Amongst the most severe problems the bill diminishes personal privacy by removing checks on government power, diminishes public accountability by increasing government secrecy, and diminishes corporate accountability under the pretext of fighting terrorism. Also the bill undermines fundamental constitutional rights of Americans under overboard definitions of “terrorism” and “terrorist organization” or under a terrorism pretext. Furthermore, unfairly targets immigrants under the pretext of fighting terrorism. (http://www.aclu.org/Safeand Free/SafeandFree.cfm?ID=11835&c=206)
Nearly all the amendments in the Bill of Rights have been reduced since the beginning of the war. The fourth through eighth amendments have been especially hit hard by this “war.” Search & seizure, due process, a speedy and public trial with a jury, and cruel & unusual punishment have all been disregarded as part of the current administration’s policy. The “War On Terror” has effectively eroded the civil liberties that Americans fought centuries for.
While this act made legislative changes that increased surveillance and the investigative powers of law enforcement agencies to protect America from further terrorist acts, the passing of the USA Patriot Act has reduced the privacy rights of Americans and also does not provide for a system of checks and balances that safeguard civil liberties. Terrorism is a serious matter that should not be handled lightly, but the act has gone over the top in trying to stop terrorism. The USA Patriot Act, enacted for protecting America from further attacks, not only does little if anything to protect Americans, but rather undermines their civil rights. The Patriot Act targets not only terrorists, but also the American people which it intended to protect.
September 11, 2001 was one of the most devastating and horrific events in the United States history. Americans feeling of a secure nation had been broken. Over 3,000 people and more than 400 police officers and firefighters were killed during the attacks on The World Trade Center and the Pentagon; in New York City and Washington, D.C. Today the term terrorism is known as the unlawful use of force or violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives (Birzer, Roberson). This term was clearly not defined for the United States for we had partial knowledge and experience with terrorist attacks; until the day September 11, 2001. At that time, President George W. Bush, stated over a televised address from the Oval Office, “Terrorist attacks can shake the foundations of our biggest buildings, but they cannot touch the foundation of America. These acts shatter steel, but they cannot dent the steel of American resolve.” President Bush stood by this statement for the United States was about to retaliate and change the face of the criminal justice system for terrorism.
“Many opponents have come to see the patriot act as a violation of the fourth amendment to the U. S constitution.” (Belanger, Newton 2). The side effect of the patriot act is that it weakens many rights. This act weakens the fourth amendment which is our privacy protection. The fourth amendment allows citizens to be protected from unreasonable searches without a warrant. The police search suspects mainly because of their race or ethnic group.
The Patriot Act has been under scrutiny and opposition since its creation following 9/11. When 9/11 struck it was clear that Americas intelligence was lacking in some specific way, but it was translated that America needed greater allowance for gathering information. The Patriot Act was signed on October 26, 2001, very close to 9/11. It can be concluded that the Patriot Act was signed with such extreme ability’s applied, because of how close it was signed after 9/11. The Act Greatly expands the liberty’s if law enforcement in their efforts to gather information, which in turn imposes on the privacy of the American people. The FBI has the ability to study any citizen suspected of terrorism, and has access to all their information. Wire Taps and other invasive action are allowed and granted by the Patriot Act. Was the Patriot Act signed to quickly? Are its measures to extreme? When is the line drawn on how much power the government can have? Is the Patriot Act effective enough that it is necessary? Should we as Americans willing to trade freedom for safety? Can the Patriot Act effectively stop or hinder terrorist attacks; has its stopped enough attacks to be validated? Another question is does America want a government that has that much power, how much are we as Americans willing to sacrifice, and how much more liberty’s is the government going take. If the government can pass the patriot act, what other legislation can they pass? In reality it all comes down to the American people, we are democracy but do we have the power in are hands? When finding all these questions one asks do we need an act that is in fact this controversial? Is the Patriot Act a necessary evil? To find this answer we have to answer all the questio...
The Patriot Act was signed into law by President George Bush on the 26th October 2001. The act is an Act of congress whose title is a ten letter acronym which stands for “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” (USA PATRIOT Act 2001). The Act was enacted 45 days following the September 11 attacks. The September 11 attacks on the world trade center in New York catalyzed the enactment of a legislation that would provide law enforcement with greater powers to investigate and prevent terrorist activities. The spirit of the act is founded on the notion of providing all that is required by law enforcement, within the limits of the constitution, to effectively combat the war on terror.
Benjamin Franklin, one of the founding fathers of the United States, once said “Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.” In America’s society today, some are willing to sacrifice their civil liberties in order to gain protection and security over some potential threat. Especially after the events of September 11th and several attempted bombings in U.S. cities. This sacrifice of individual freedoms such as the freedom of speech, expression, the right to information, to new technologies, and so forth, for additional protection is more of a loss than a gain. Citizens of the United States deserve equal liberty and safety overall, as someone should not have to give up one value in order to gain another. This concept of individual right goes beyond the simple idea of “individual comfort.” Personal liberties cannot be surrendered and are not to be compromised since these liberties are intangible. Individuals should not have their personal liberties exchanged for national security because individuals are guaranteed protection to these rights.
The U.S. Patriot Act was set in place to better serve our country against terrorism. The U.S. Patriot Act is an Acronym for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Acts (Lithwick). This act is to punish terrorist actions and improve law enforcement not only in the United States but also around the world. The United States Patriot Act consists of over 1,000 sections that describe the act in great detail. The sections include, but are not limited to, the power extended to the government by The U.S. Patriot Act to deport and incarcerate non citizens. With the U.S. Patriot Act a person’s phone line can be tapped, records of any and all purchases checked, and even library records searched. This Act also has sections to help money laundering, expand our country’s border protection, strengthening the extent of criminal laws and provide for people suffering from any type of terrorism acts (Huffman).
This is not what the Patriot Act was passed for; they have gone over their limits and are getting involved with things that don’t entirely concern them. This is exactly what infuriates the people because they are getting out of their boundaries to make a big fuss out of some minor crime that has nothing to pertain to terrorism. While the Patriot Act was put into place to stop terrorism, it has had a nasty after math. People suspected of terrorist activity have no civil rights. They are put in prison and held without due process regardless of whether they are innocent or not. This is just wrongful imprisonment because they don’t have a valid reason as to why they would put an innocent civilian behind bars. This act just concerns the people by any rational assessment. The power given to the government to conduct surveillance on citizens is just against the constitution because we have no privacy. The government is off-track and is labeling anyone as a suspected terrorist and will collect information about them. We are living in a society where slowly and slowly we’re going to lose most of our rights and be told what to do. We are gradually going to become somewhat close to a dictatorship and lose all of our rights. The Patriot Act also allows the above-mentioned sneak and peak warrants to be used for any federal crime,
September 11th 2001 was not only the day when the delicate facade of American security was shattered, but it was also the events of this day that led to the violation of the rights of millions of American citizens. After relentless reprehension by the American masses on the approach that was taken after the 9/11 attacks ,the Bush administration enacted the Patriot Act on October 26th, 2001, a mere 56 days after this tragic event.The Patriot Act expanded the authority of U.S. law enforcement agencies so that they could hopefully avert future terrorist attacks. Under the Patriot Act The NSA (National Security Agency) could entrench upon the privacy of the citizens of the U.S. without public knowledge, consent or, probable cause. The particular incident which had the general public up at arms was when the NSA illicit surveillance came to public knowledge.
What Are Your Rights Worth? George Edward Peele III King &Low Heywood Thomas School. National security has been greatly enhanced by the passage of the Patriot Act. The USA PATRIOT Act is an act of Congress that was signed by President Bush in 2001. The title of the act is a ten-letter acronym that stands for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism.
Domestic Surveillance Citizens feeling protected in their own nation is a crucial factor for the development and advancement of that nation. The United States’ government has been able to provide this service for a small tax and for the most part it is money well spent. Due to events leading up to the terrifying attacks on September 11, 2001 and following these attacks, the Unites States’ government has begun enacting certain laws and regulations that ensure the safety of its citizens. From the Foreign Intelligence Surveillance Act (FISA) of 1978 to the most recent National Security Agency scandal, the government has attempted and for the most part succeeded in keeping domestic safety under control. Making sure that the balance between obtaining enough intelligence to protect the safety of the nation and the preservation of basic human rights is not extremely skewed, Congress has set forth requisites in FISA which aim to balance the conflicting goals of privacy and security; but the timeline preceding this act has been anything but honorable for the United States government.
The United States is in a tricky situation. First and foremost, we are a country that prides itself on being free. Even the fourth amendment to our Constitution declares, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” Yet we are also a country that demands security. Americans expect that our government will keep us safe. These two ideals, freedom and security, are often at odds. How can we expect our government to stop terrorism without infringing on our rights? Recent disclosures, that the government has access to American phone calls and emails, have brought this debate to the forefront of public discourse.