Patriot Act: Advantages and Disadvantages
Advantages
Increases the Effectiveness of Law Enforcement Agencies
The Patriot Act which was signed as law by President George W. Bush on October 27, 2001 reads like a wish list of the law enforcing agencies. It was long-standing complaint of the law enforcers that the provisions contained in the Bill of Rights such as the "due process" of the Fourth Amendment constrained them in their investigations of suspected terrorists. The PATRIOT Act removes most of these constraints. For example, Section 213 of the Act contains a judicially authorized "sneak and peek" provision that allows law enforcement agencies to perform a search but delay notification for a period of up to three months. Such provisions increase the effectiveness of the law enforcement agencies in pursuing terrorists. (Lithwick and Turner, 2003)
Enhances the Security Environment
A related advantage of the Patriot Act is that it has improved the security environment in the United States. There has been no major terrorist attack in the country after 9/11 and the U.S. administration, including the President and the Department of Justice, attribute it to the security measures made possible by the Patriot Act. ("The U.S.A. PATRIOT Act: Preserving Life and Liberty." 2003). The majority of American people agree that the Security environment has improved in the country as is indicated in various polls. This view was also reflected to an extent in the November 2004 Presidential Polls when a majority of the people endorsed the incumbent for his 'fight against terrorism' policies.
3. The Sunset Clause: Temporary Measure
The Congress,...
In this way, the civil rights of the U.S. citizens would not be negatively affected in the long-term.
Disadvantages
1. Compromises The Fourth Amendment
Several provisions of the Patriot Act arguably compromise the "due process" clause of the Fourth Amendment. For example, the delayed notification provision of Section 213 that allows searches without notice circumvents the "due process" provision of the Fourth Amendment. Other part of the Act such as Section 218, which allows the investigators to conduct secret searches without having to prove "probable cause" of a crime are also problematic and have been severely criticized by the Civil Libertarians.
2. Bad News for Immigrants
The United States has always prided itself as being an open society and "a country of immigrants." It has also reaped the benefits of following a pro-immigrant policy. The best brains in the world have been attracted to the "land of opportunities" to study, do research in, and work. These immigrants have contributed greatly to the country's economy and helped it to retain its scientific edge. Provisions in the Patriot Act such as Sections 411 and 412 that allow detention and deportation of aliens without court rulings or judicial review mean that immigrants are now living in a general state of fear. Already, declining trends in foreign students' enrollment in the U.S. universities have been witnessed. American society would lose its dynamism if draconian laws such as the PATRIOT…
