Patriot Act
On September 11, 2001, after the terrorist attacks occurred, a contentious piece of legislation was adopted and passed called the U.S.A. Patriot Act. Research shows that the title for this bill is an abbreviation for what is recognized as "the United and Strengthening America by Giving Appropriate Tools Required to Interrupt and Obstruct Terrorism Act" (Dolar). Years later since the Patriot Act was passed, there has been much debate and controversy on the subject of the positive and negative rewards, and penalties of this bill. Many on the police force community, have experienced firsthand some of the changes the Patriot Act has brought upon this nation. A result of this experience alongside with information gained in the studying of this act and concerns, has led many people to believe in this bill as a way for combating terrorism against the United States of America. With that said, the Patriot Act is a passionately discussed law very few have even read and about which there is a decent amount of misunderstanding and ignorance. A lot of questions have been brought up in respects to the new law. Among them: Does it encroach upon the Bill of Rights and if it does, should the seriousness of the terrorist threat need such extra-legitimate measures?
Conflict with the Bill of Rights
On Oct. 26, 2001, the U.S.A. Patriot Act was signed into law. Also, this Act was overpoweringly approved with 357 votes in the House and 98 votes in the Senate (Dolar). The Patriot Act destroys the Bill of Rights. As well as there was barely a sound from the "We the People." (Chaffee)
The research shows that the original Patriot Act was drafted by both, Democrats and Republicans, the Senate the House and. Nevertheless at the very last minute the original was switched with a kind that had been authored by Viet Dinh (Jaeger). During the night, the President had the substitute bill published at 3:45 A.M., merely hours before the House vote arranged for that same morning. Research shows that out of 435 Representatives, there was not even one that would read the substituted Act before there was any kind of voting on the bill. There is a conflict with the Bill of Rights because it is not proper constitutional technique for a bill that has been pounded out by both parties and both houses to be substituted in the early morning hours with a bill organized by attorneys from the executive branch.
Some experts would make argument that the Act includes 30 years of prying legislation, laws that the congress had acknowledged unconstitutional for over 30 years for the reason that they encroach upon core American values and the Constitution. Also, the U.S.A. Patriot Act occupies the lives of every American giving the President full authority under the law to disrupt our most important philosophies under the Bill of Rights (Jaeger). Further research shows that The Patriot Act gives for searches, deprived of probable cause. Also, Law enforcement are able to just break and enter into your home, collect computer files, reading lists, video and magazine lists and even "bug" your home with high tech surveillance equipment. All of this in direct violation of the Fourth Amendment. The Patriot Act has destroyed Property Rights and permits for illegal inspection of a person's private property.
John Whitehead makes the following point when it comes to the conflict:
"The Patriot Act put a stake right in the heart of the Bill of Rights, disrupting at any rate six of the ten unique amendments -- the First, Fourth, Fifth, Sixth, Seventh and Eighth Amendments -- and perhaps the Thirteenth and Fourteenth Amendments, in addition. The Patriot Act likewise redefined terrorism so generally that many non-terrorist political activities for example demonstrations protest marches, and civil disobedience were well-thought-out potential terrorist acts, in that way interpreting anyone desiring to participate in protected First Amendment expressive actions as respondents of the surveillance state."
It is in conflict with the Bill of Rights, ever since 9/11 an irrefutable pattern has arose, from search that have been illegal and seizures to warrantless monitoring to the GPS tracking of people's cell phones to body scanners at airport to the redefinition of Habeas Corpus to the growing usage of rendition for the resolutions of torturing prisoners yet to be charged with a crime to military courts substituting courts of law, among many others.
Does the threat of terrorism warrant a compromise of civil rights?
Some would say that it does not warrant a compromise according to the Patriot Act. By this time, an act known as the U.S.A. PATRIOT Act (Strengthening and Uniting America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism) has stopped...
It is, in one sense, a give and take relationship, but underlying it are the philosophies of Rousseau and Smith, in spite of the fact that both are full of contradictions. Rousseau, for example, states that man's "first law is to provide for his own preservation, his first cares are those which he owes to himself; and, as soon as he reaches years of discretion, he is the sole
PATRIOT ACT V. FOURTH AMENDMENT Patriot Act & 4th Amendment The Fourth Amendment was created in 1791 primarily to end the existence of general warrants, which the American colonialists hated and feared. These warrants were used by the English government to conduct door-to-door searches and mass arrests, often as a coercive method for achieving social and political goals (Maclin and Mirabella, 2011, p. 1052). With this history in mind the text of
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This change is likely to come about as lawmakers realize how their skirting of Constitutional protections for one area they are in favor of can easily be applied to other areas once the door is opened for working outside the appropriate framework. Bibliography Edgar, T.H., (2003, February 14). Section-by-section analysis of Justice Department draft "Domestic Security Enhancement Act of 2003," also known as "Patriot Act II." ACLU. http://www.aclu.org/safefree/general/17203leg20030214.html Lithwick, D. And Turner,
Patriot Act in Regards to Its Authorization of Surveillance and Search and Seizure The Patriot Act: The Patriot Act was enacted into law in 2001 to unite and strengthen America through the provision of suitable tools that are necessary to interrupt and barricade terrorism acts. This legislation was established with the dignified intention of identifying and indicting international terrorists operating on the United States' soil ("USA Patriot Act," n.d.). The Act, which amended
Some have even been detained for long periods of time without being informed when they would be released or even the reason for their detention. The situation at airports is no less dire. Some airlines have even refused to let Arabs on board because of their ethnic heritage and their perceived connection to terrorism. One important issue that is overlooked with regard to this is the fact that many white
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