Patriot Act 2: The Domestic Security Enhancement Act
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)
The Patriot Act 2 would give more power to the government, eliminating and weakening many of the checks and balances that remained on government surveillance, wiretapping, detention and criminal prosecution even after passage of the USA Patriot Act. The Patriot Bill was drafted by the Bush Administration that would expand law enforcement and intelligence gathering authorities, reduce or eliminate judicial oversight over surveillance, authorities secret arrests, create DNA database based on unchecked executive “suspicion,” create new death penalties, and even seek to take American citizenship away from persons who belong to or support disfavored political groups. A few renditions and provisions of the bill is explained in the next few paragraphs. These are only a few of the examples of the powers the new bill will give the government. (http://www.cdt.org/security/usapatriot/030210cole.pdf)
In Section 201 authorizes secret arrests, overturning federal court decision requiring government disclose identity of persons it has detained during the 9/11 investigations. This part mandate that all arrests in connection to international terrorism investigations remain secret until indictment is filed. In our history we have never permitted secret arrests, it contradicts our rights and liberty.
In Section 312 end the consent Decrees Against Illegal Police Spying. Automatically eliminating any consent decree governing police spying abuse entered before 9/11 no matter the basis of the pronouncement. This section states that it would eliminate consent pronouncements for the future with respect to police spying, and place substantial restrictions on judicial injunctions
In Section 503 provide the Attorney General unchecked power to deport foreign nationals, including lawful permanent resident aliens.
The Patriot Act violates many of the amendments in the Bill of Rights. The First Amendment, for example, gives American citizens freedom of speech, press, and religion. The Patriot Act allows the government to monitor the religious and political papers and institutions of citizens that are not even reasonable suspects for criminal activity. Church,
Less than one week after the devastating terrorist attacks of September 11, 2001, the U.S.A. Patriot Act was introduced to Congress. One month later, the act passed in the Senate with a vote of 98-1. A frightened nation had cried for protection against further attacks, but certainly got more than they had asked for. Russell Feingold, the only Senator to vote down the act, referred to it as, “legislation on the fly, unlike anything [he] had ever seen.” In their haste to protect our great nation, Congress suspended, “normal procedural processes, such as interagency review and committee hearings,” and, “many provisions were not checked for their constitutionality, lack of judicial oversight, and potential for abuse.” Ninety-eight senators were willing to overlook key civil liberty issues contained within the 342 page act. The lone dissenting vote, Wisconsin Senator Russell Feingold, felt that our battle against terrorism would be lost “without firing a shot” if we were to “sacrifice the liberties of the American people.” Feingold duly defended American civil liberties at the risk of his career, truly exemplifying political courage as defined by John F. Kennedy.
I believe this United States Supreme Court case is particularly important because it ultimately defends a person?s Constitutional right to privacy. As stated before, until this decision was made, the search and seizure laws were given little consideration. Although there is always an exception to the rule, for the most part, evidence that is obtained in a way that violates a person?s Constitutional right is inadmissible in Court. This decision has most definitely refined the laws of the admissibility of evidence and the procedures followed by those in law enforcement.
Mapp v. Ohio Supreme Court Case in 1961 is historically significant as it was a turning point that changed our legal system by extending the exclusionary rule that existed at the federal level to include state courts. The exclusionary rule prevents the use of evidence obtained through an illegal search and seizure, without a warrant, to be used against the defendant in court. Before this case, each state decided whether to adopt the exclusionary rule. At the time of this case, twenty-four states were not using the exclusionary rule. The decision in this case meant that all states needed to comply with the exclusionary rule of the Fourth Amendment through the due process clause of the Fourteenth Amendment.
This program meant that the presidency had begun to ignore law. For Savage, Bush and Cheney’s authorization to ignore law, “was no different in principle between the warrant law and any other law that regulates how the president can carry out his national security responsibilities.” Furthermore, Savage claims, that this act “locked down the president’s power to arrest U.S. citizens on U.S. soil and imprison them in a military brig without trial if he or she thinks they pose a terror threat.” What Savage argues is that Bush through Cheney’s “signed statements” did not need to seek congressional approval, but as president could enact in any manner that he, as president, deemed necessary in order to protect the
In conclusion, the idea behind the 2001 USA Patriot Act was a solid one made in a time of extreme duress and fearfulness. Now that we have had time to readjust and really look at the consequences of this act, it is time to reevaluate and pass into law a modified version to keep in line with what our forefathers believed for our country.
...the previous Act. The last Act is the FISA Act of 2008 “The Foreign Intelligence Surveillance Act”, which allows intelligence professionals to monitor terrorist communications, while protecting civil liberties of Americans, more quickly and efficiently. (USDOJ) These legal changes have allowed not only the investigation and prosecution of terrorists to be more proficient, but it has also help change the structure of the operations of agencies to enhance counter-terrorism efforts.
America was built so that people could have the freedoms that they needed and that they did not have to be scrutinized by the government as stated by our late president Abraham Lincoln, "...Government of the people, by the people, for the people, shall not perish from the Earth." If our presidents in the past have fought for these rights why should one act take away all that they have fought for? The Patriot Act should be dismantled due to the fact that the rights of the people are being violated.
Following the terrorist attacks, Congress created the Patriot Act. The act allowed law enforcement's around the country greater ability to track terrorism or possible terrorists. It expanded the governments ability to investigate and punish terrorists. This act was accepted quickly by the House of Representatives, and was passed almost unanimously in the Senate. President George W. Bush signed this act into being on October 6th, 2001. This act allows the police to have surveillance over any form of communication that could be used by a terrorist. Things that were private privileges, such as emails, the internet, and, ...
“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 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).
The recent terrorists attacks of 9/11 has brought security to an all-time high, and more importantly brought the NSA to the limelight. Facts don 't change however, terrorist attacks are not common as history has shown. So what has domestic surveillance actually protected? There are no records to date that they have stopped any harm from being caused. If it is well known by every American that they are being watched, then why would a terrorist with the intention of harming use these devices to talk about their heinous acts? The real criminals are smarter than this, and it has shown with every attack in our history. Petty acts of crime are not what domestic surveillance should be used for. Terrorism has been happening for decades before any electronics were introduced, and even in third world countries where electronics are not accessible. The government needs a different way to locate these terrorists, rather than spy on every innocent human being. Andrew Bacevich states in his article The Cult of National Security: What Happened to Check and Balances? that until Americans set free the idea of national security, empowering presidents will continue to treat us improperly, causing a persistent risk to independence at home. Complete and total security will never happen as long as there is malicious intent in the mind of a criminal, and sacrificing freedoms for the false sense of safety should not be
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.
The Patriot Act was signed into law as a result of the terrorist attacks on September 11, 2001. The USA PATRIOT Act has helped America make progress toward becoming the most secure nation in the world. What is the Patriot Act? The USA PATRIOT Act was signed into law quickly without much debate back in 2001 right after the September 11th attacks in New York, Washington, and Pennsylvania. The Patriot Act touches almost everything from more funding for businesses that are affected by terrorist attacks all the way to funding affected families of terrorist attacks.
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.