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Patriot Act Pros And Cons

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The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, better known as the USA PATRIOT Act, or simply the PATRIOT Act was introduced on October 24, 2001, only 45 days after the devastating terrorists attacks of 9/11. It passed nearly unanimously, with only one person total in both the House or Representatives and the Senate voting against it. This law has many aspects, but perhaps the most controversial is the authorization of surveillance procedures, and the legitimacy of these provisions in regards to the Fourth Amendment of the United States Constitution. The following is an examination of the moral and homeland security implications this Act has on the American people and the …show more content…

American's value their freedom of speech and expression above nearly anything else, which is probably why we as a nation are divided on nearly every national issue (war, healthcare, the penal system, abortion, etc). This is ironic when one considers that in practice,the average law-abiding citizen doesn't vote and is therefor is not actively involved in the government; low voter turn-out has been a concern for some time now, especially in a non presidential-election year. The American people have seemed to take a “laissez-faire” approach to their government, and likewise expect the government to do the same; that is, only to bother them when absolutely necessary. (While this is a term mostly used in economics, the phrase translates to “let it be” or “leave it alone”, which is appropriate for this argument) This could be considered to be an apathy on the American people's part, but the argument that our way of life consists of being left alone is a strong argument. As pointed at earlier, the Fourth Amendment was ratified to let us be left alone. If this is a fundamental part of our society, then this is something the Department of Homeland Security has sworn to uphold an protect. This makes their job and the jobs of law enforcement harder, because …show more content…

This also meets the “proportionality” requirement, and the double effect. Proportionally, if the provisions of this law prevent even one attack from happening, it is justified, especially if a large-scale attack was stopped, because it did more good than harm. The Just War Theory also states that war should be regarded as a tragic necessity; I believe the same is true for any regulations, restrictions, or resulting hardships placed on citizens (non-combatants) during the time of war. In the aftermath of the 9/11 attacks, radical change was seen as necessary, and the PATRIOT Act was pushed through less than two months after the attack occurred. While this strong evidence that this law was passed nearly unanimously by a government that was not thinking with sound mind, but still recovering and full of emotion as a result of the attack, at the time, this was deemed as necessary. (Christopher, 2004, Ferraro, 2011) The legal aspect of this law is not as clear. Homeland security has benefited from the use of the these new, less-constricting rules and regulations, but are they new laws undermining the very freedoms they are supposed to be protecting? The American Civil Liberties Union felt that the Sections 213 and 215 violated the Fourth Amendments, and sued; the case is ongoing.(German, ACLU 2011) Section 213 allows for a delay of notification of warrants. In layman's terms, the FBI

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