Abstract
The purpose of this research paper is to give those not aware of the Patriot Act a condensed version of the framework of the Act. According to the architects of the Patriot Act, the goal of the Act was to deal a crippling blow to the infrastructure of domestic terrorism in the United States. However, if not properly utilized, there will be, and should be a strong public reaction against the Act due to its extensive range of authority. Many provisions in the Act apply to American citizens, and we will be affected.
A Violation of American Freedoms: The Patriot Act
Introduction
The U.S.A. Patriot Act creates significant expanded powers to federal and state law enforcement agencies to fight against terrorism in the United States and abroad. The Act enabled law enforcement agencies to circumvent the Bill of Rights in the fight against terrorism. Law enforcement was now able to; search and seize without probable cause, to detain individuals without a trial, monitor religious and political events without suspecting criminal activity, listen to conversations between lawyers and their clients or deny legal representation to individuals accused of crimes. Although the intent of the Patriot Act was to combat terrorism in the United States and abroad, it is presently being utilized against the citizens of America. Therefore, the Constitutional rights of every American citizen are being violated.
The Genesis of the USA Patriot Act
The official name
The Patriot Act, an act passed by Congress in 2001 that addressed the topic of privacy in terrorist or radical situations, is controversial in today's society. Although it helps with protection against terroristic events, The Patriot Act is not fair, nor is it constitutional, because it allows the government to intrude on citizens' privacy, it gives governmental individuals too much power, and because the act is invasive to the 4th amendment right. To further describe key points in the act, it states that it allows investigators to use the tools that were already available to investigate organized crime and drug trafficking, and it allows law enforcement officials to obtain a search warrant anywhere a terrorist-related activity occurred.
When the Patriot Act was passed, there was a public backlash against its constitutionality. In order to protect the nation from future terrorist attacks, the Patriot act vastly expanded the government's authority to spy on its own citizens, while simultaneously reducing checks and balances on those powers like judicial oversight, public accountability, and the ability to challenge government searches in court”. This brought up a lot of controversy within lawmakers, as the enactment of this law would give the FBI the right to violate the Fourth Amendment.
After the terrorist attacks on the World Trade Center on September 11th, 2001 the United States became a very different place. This drastic change was caused by the initial emotional reactions that American citizens, as well as government leaders had towards the tragic event. The government, in an effort to assure that these events never happen again passed the USA PATRIOT Act, which is an acronym that stands for the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act. The major goal of this act is to combat terrorism by giving the government more leeway in what areas they are allowed to use their surveillance tools and also to what circumstances these tools can be used. The major issue that arise with this act are the fact that many of the act can be seen as unconstitutional.
With good intentions, the Patriot Act allows the government to pry into Americans' lives through computer and phone records as well as credit and banking history (Source 5). This oversteps the U.S. Constitution as the First and Fourth Amendment were created to give citizens freedom and the right to deny search and seizure
The USA Patriot Act grants government agencies powers in terrorism investigations that it already uses in non-terrorist crimes. Several law abiding citizens have been approached, questioned, and interrogated without probable cause of any criminal activity, basically for engaging in political speech protected by the constitution (Bailie, 2012). The Act freely eliminates privacy rights for individual Americans, it creates more secrecy for government activities, which make it extremely difficult to know about actions the Government are taking.
A. Thesis: The Patriot Act is violating American’s right to privacy. Mainly, the right to hold a private phone conversation.
The power of the courts has been expanded since the terrorist attacks of 9/11. Since the assault we have seen many new laws, policies and acts come into effect, as well as the development of new agencies. This paper will evaluate at how federal courts have evolved since 9/11, how the Patriot Act has played a part in the growth of all laws on the local level, and how the FISA Act effects fight against terrorism.
Congress ushered in the Patriot Act by arming law enforcement with new tools to detect and prevent terrorism by expanding federal officials’ powers to keep tabs on our personal information, from credit card use to cell phone calls to car travel. It allows investigators to use the tools that were
The Patriot Act was imposed immediately after 9/11 and has been updated since. However, this act continues to create a plethora of controversy in its Constitutional legality in depraving its citizens their civil liberties in the areas of freedom of speech and their rights to legal representation (Kashan, 2010). Nevertheless, the government intended to protect its citizens from the emerging new threat and at the time the citizens agreed to withhold their
In the years since the passing of the Patriot Act, there has been much controversy and debate regarding the positive and negative advantages, and consequences of this bill. As a member of the law enforcement community I have experienced firsthand some of the changes the Patriot Act has brought upon this nation. A result of this experience along with information obtained in the studying of this act and
Following the days after the September 11th terrorist attacks, forty-five days to be exact, congress passed the Patriot Act. The Patriot Act stands for the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism. The Patriot Act was enacted in response to the attacks of the September 11th with the intentions of terminating international terrorist operating within American. Thought the Patriot Act stands for protecting America and its citizens it also has many provisions that violate the US constitution. Firstly the Patriot Act encroaches on our First Amendment rights, which allow the citizens of America to speak and express ourselves freely. Secondly it violates the fourth Amendment rights, which protects American citizens against unwanted searches and seizures. The Patriot Act not only violates the Constitution, but represents the loss of our individual liberties as American citizens. The Patriot Act violates our freedom of speech and expression stated in the first Amendment and the protection from searches and seizures given to us by the fourth Amendment.
The Patriot Act was signed into law on October 26, 2001 by President George W. Bush. The act expanded the surveillance capability of both domestic law enforcement and international intelligence agencies. When this law was passed it was under the assumption “to deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes” (The USA Patriot). The Patriot Act has given the government the power to spy on the average American through monitoring phone records and calls, gaining banking and credit information, and even track a person’s internet activity. This is an unbelievable amount of power intelligence agencies wield all under the umbrella of national security. This power has gone too far, is unjustified, unconstitutional, and infringes on the privacy of the
Often our nation sees as a symbol of freedom to the world; however, since the events of 9/11 the U.S congress signed into law the U.S Patriot Act. This legislation extends the power of the government by strengthening its oversight authority over the nation, claiming protection of the national security against potential foreign threats. As an American citizen, I agree with some of the terms and measures adopted under the Patriot Act in which the government needs to intercept, obstruct, and monitor terrorism actions keeping us safe from potential attacks without violating any of our civil rights. However, the act fails to secure American liberties, facilitating and encourages the government to become authoritarian with the pretext idea of national security purpose, exposing millions of Americans lives to serious and potential abuses of corruptions, fraud and discrimination by taking away our freedoms and liberty rights guarantee by the U.S Constitution, assuming that giving politicians authoritarian powers will make America a safer place to live. On the Other hand as a Law abiding citizen I’m not willing to sacrifice and been taking away my constitutional rights in exchange for national security purpose, because if we continue like that, we would be further away from an ideal democracy society, losing confidence and support to our government system that eliminates the American ideal of check and balance power for their own ends.
What is the right balance between protecting our privacy and protecting our country? This debate broke out during the passage of the Patriot Act and the use of drones against American citizens. The American public makes clear that their desire to feel safe from attacks foreign and domestic trumps their desire for privacy. In the battle between privacy and security, security always wins. (Cillizza C., Washington Post, 2013).
The Patriot Act (Title II, Sec. 213) allows for the delayed notification of the execution of a search warrant. Under what circumstances can the notification be delayed?