Preview

The Usa Patriot Act, a Controversial Public Policy, Julius Taka

Powerful Essays
Open Document
Open Document
2951 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Usa Patriot Act, a Controversial Public Policy, Julius Taka
The USA Patriot Act of 2001 is a controversial public policy, which greatly undermines the civil liberties and constitutional freedom of the American people. This essay will moved from an overview of the USA Patriot Act to a review of the critical literature regarding the importance of the Act to the safety of Americans and shows how the Act violates the civil rights and liberties of citizens and noncitizens alike. After presenting sufficient evidence that the Patriot Act violates many of the basic principles that have been articulated in the U.S. Constitution, particularly within the Bill of Rights, I will, propose recommendations that if implemented scrupulously could help to restore American confidence in government's determination to continue functioning as the protector of civil liberties and rights. In the wake of the worst terrorist attacks in U.S. history on September 11, 2001, just six weeks later with little Congressional resistance or analysis; the U.S. Congress passed into law the USA Patriot Act. The Patriot Act titled “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” granted an unprecedented and vast power to federal investigative services, which greatly undermines the civil liberties and constitutional freedom of the American people. The main objective of the Patriot Act is "to deter and punish terrorist acts in the U.S. and around the world, to enhance law enforcement investigatory tools, and for other purposes," (Act, 2001, p. 1). Despite this purpose, the Act represents both good and bad points with respect to fighting terrorism and negative consequences on the civil liberties of U.S. citizens. For the most part, I believe the USA Patriot Act does little to combat terrorism and represents a threat to the liberties of the American people.
There is no denying that the hastily passed Patriot Act does have provisions and measures that help the U.S. Government expand its surveillance of



References: 1. The Bill of Rights. (1996). Available at http://memory.loc.gov/const/bor.html. 2. FBI oversight hearing prologue to expected report slamming agency. (2003). Available at www.aclu.org/news/NewsPrint.cfm?ID=13197&c=206. 3. Michael C.W., & Van Bergen, J. (2002). The USA PATRIOT Act: Part I. Available at http://truthout.com/docs_02/11.1512.jvb.cm.usapa.1.p.htm 4 5. Schabner, D. (2003b). Conservative backlash. Available at http://abcnewsgo.com/sections/us/2020/conservatives_ patriot030312.html 6 7. Talanian, N. (2002). A guide to provisions of the USA PATRIOT Act and federal executive orders that threaten civil liberties. Available online from the Bill of Rights Defense Committee at www.bordc.org. 8. USA PATRIOT Act. (2001, Oct 24). HR 3162 RDS, 107th Congress (1st Session). Viewed on Aug3,2005:http://www.epic.org/privacy/terrorism/hr3162,html 9 10. Van Bergen, J. (2002). Repeal the Patriot Act. Available at www.truthout.org/docs_02/04.02A.jvb.Patriot.p.htm. 11. Van Bergen, J. (2002b). Repeal the Patriot Act, Part 2.Available at www.truthout.org/docs_02/04.03D.jvb. Patriot.p.htm.

You May Also Find These Documents Helpful

  • Good Essays

    The Patriot Act detriments our political freedoms on behalf of national security and hurts the values that distinguish our nation. The act consolidates numerous fresh powers in the executive branch of government. The most vital feature of the Patriot Act is a new, in-depth meaning of terrorism. “Section 802 states that a person engages in domestic terrorism if they do any act dangerous to human life that is a violation of the criminal laws of a state or the United States, if that action appears to be intended to intimidate or coerce a civilian population, affect the conduct of a government by mass destruction, assassination, or kidnapping.””(The Patriot Act Helps Keep America Safe. 9 June 2005.)” The acts must take place above all within the national jurisdiction of the United…

    • 759 Words
    • 4 Pages
    Good Essays
  • Better Essays

    The Act, aimed at updating both the Foreign Intelligence Surveillance Act of 1978 and the Electronics Communications Privacy Act of 1986 is composed of 10 titles all of which were hurried through Congress on October 24th, 2001 and passed the senate the following day, “…with little deliberation. Unlike a typical statute, neither the House of Representatives nor the Senate issued a report on the PATRIOT act.” (Standler, 2007-2008, p. 4) To this day, the Patriot Act remains controversial; its supporters uphold it as a requirement for The War on Terrorism and for the enforcement of modern electronic communications law. The Act’s critics cite its numerous infringements on civil and individual rights. Title II, considered the most controversial, deals directly with surveillance, wiretapping, and computer fraud. Title II also details sanctions placed on trade with the Taliban, Syria and North Korea. The Patriot Act’s Title II, Enhanced Surveillance Procedures is a breach of privacy and infringes upon the tenants of our Fourth Amendment rights.…

    • 1280 Words
    • 6 Pages
    Better Essays
  • Good Essays

    After the September 11th terrorist attacks, The USA Patriot Act was initiated. Some of the area addressed were:…

    • 2740 Words
    • 11 Pages
    Good Essays
  • Good Essays

    The USA PATRIOT Act was passed by Congress as a response to the terrorist attack of September 11. On October 26, 2001 The USA PATRIOT Act (Public Law No. 107-56) was signed into law by President George W. Bush. The USA PATRIOT Act "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” this law enabled law enforcement personnel new abilities to search, seize, detain, or eavesdrop in their pursuit of possible terrorists as it states in our text. For the most part public response for The Patriot Act has been very close to even a Feb 2011 survey from the Pew Research center states “42% say the Patriot Act is a necessary tool that helps the government find terrorists, while somewhat fewer (34%) say the Patriot Act goes too far and poses a threat to civil liberties.” As compared to their Jan 2006 survey that said, “The public divided evenly over the Patriot Act, with 39% saying it is a necessary tool and 38% saying it goes too far.” When one thinks of the Pros of the Patriot Act he has to include the use of surveillance.…

    • 457 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In 2001, people are quick to dismiss the idea of an internment of American citizens, suggesting that the country has come a long way from 1942. The hypothesis that the government might conduct surveillance or use illegal wiretaps to monitor groups or individuals that it suspects of domestic terrorism seemed foreign before September 11th, and now has become a way to gain more information about potential suspects. These new measures, included in the USA Patriot Act, delicately trace the line between national security and civil liberties. A brief look at how the Bush…

    • 522 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Etzioni, A. (2004). How patriotic is the Patriot Act?: Freedom versus security in the age of…

    • 1282 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Introduction After the horrific attack on the Twin Towers on September 11th the government of the United States of America found the need to take measures that would protect the lives of the people of America. Hence in relation to these attacks the then President Bush set an act in motion that would prevent further terrorist attacks. This act came to be known as the U.S.A Patriot Act. This act aimed by giving all the enforcement agencies tools so that they could combat terrorism. It has become one of the most imperative weapons that the state has against terrorism.…

    • 910 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Patriot Act Pros And Cons

    • 3614 Words
    • 15 Pages

    On October 26th, 2001, just 45 days after September 11th a panicked Congress passed, with little debate, the USA Patriot Act. The 342 page patriot act violates our 1st, 4th, 5th, 6th, 8th and 14th amendments, thus making it unconstitutional. I don't know why Congress passed this act, or how it got through the Supreme Court, but most people in Congress didn't even read the Patriot Act. I am sure that our founding fathers would not have wanted the Patriot Act. Just look at what Ben Franklin said, "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."…

    • 3614 Words
    • 15 Pages
    Better Essays
  • Good Essays

    After the attacks on the United States on September 11, 2001, many Americans were fearful of what the future held. Enacted as a response to those attacks, and as a way to re-instill a sense of security to the nation, American legislators worked to pass the USA Patriot Act of 2001. The Patriot Act appropriately made changes to other U.S. laws to combat terrorism, however it also established measures that may potentially hinder the rights of those it was designed to protect, sparking controversy regarding privacy and governmental power over the lives of private citizens.…

    • 1499 Words
    • 6 Pages
    Good Essays
  • Best Essays

    In the aftermath of September 11, Congress was eager to put laws on the books to prevent another attack. In an unprecedented spirit of bipartisan patriotism, a law was passed in the House by 357 to 66 (Clerk of the House) and in the Senate by 98 to 1 (Secretary of the Senate). The title of the act, USA PATRIOT Act, is an acronym for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism. Since its historic passage there has been much debate on the constitutionality of the act. Some would claim the Legislative and Executive branches acted opportunistically and enacted a law that infringes on the rights of Americans. This paper, for sake of brevity, focuses on Section 213 of the Patriot Act, the “sneak and peak” section. The purpose of this paper is to evaluate the arguments on both sides of the issues and determine whether or not Section 213 of the USA PATRIOT Act is indeed unconstitutional. This paper examines the history of the Patriot Act, evaluates recent litigation concerning this act, and considers precedents that would give or withhold from Congress the authority to enact such a law.…

    • 2253 Words
    • 10 Pages
    Best Essays
  • Better Essays

    Security vs. Liberty

    • 1116 Words
    • 5 Pages

    In the wake of September 11th, the country was in turmoil. Fear and confusion were rampant; direction was required. President George Bush, in a famous address, acknowledged the severity of the attacks, and called for a newly invigorated sense of nationalism. His plan for preventing future attacks called for the creation of the Department of Homeland Security, and expanded powers to intelligence agencies (Bush). During this time, one of the most provocative bills was allowed to pass, under the guise of a terrorist seeking bill. The Patriot Act was indeed effective in increasing the power allotted to surveillance agencies, but many feel at too high of a cost. Many have asked the question… "is the cure worse than the disease?" In order to appropriately analyze the Patriot Act, it is important to look at its exact stipulations, and how it has been used (misused) at the time of its passage and now.…

    • 1116 Words
    • 5 Pages
    Better Essays
  • Good Essays

    The U.S. PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism) is the most important law passed after the 9/11 attack. It is so essential because of the fact that it improves inter-agency cooperation for the collection of intelligence andit’s sharing. This barrier being broken down has contributed to a very large extent the protection of the US. Additionally, it appreciates the fact that the advent of technologyensures that our laws are updated and has encouraged better prosecution of suspected terrorists. Lastly, it has strengthened the existing terrorism legislations, reflecting some specific situations that did not exactly exist previously. These are the things that make the PATRIOT Act a great addition to law enforcement.…

    • 783 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Syllabus

    • 1217 Words
    • 5 Pages

    References: Department of Justice. (2011). The USA PATRIOT Act: Preserving Life and Liberty. Retrieved from http://www.justice.gov/archive/ll/highlights.htm…

    • 1217 Words
    • 5 Pages
    Better Essays
  • Better Essays

    USA Patriot Act

    • 1930 Words
    • 8 Pages

    Many people believe that this grants them a certain feeling of ease and rest because they know that there is something that helps identify and major threats and stop terrorist groups before anything drastic happen. This cause people to worry less and have a strong sense of safety. Others feel that this grants certain agencies to much power to spy and monitor them. People say that this takes away a lot of their own privacy and that it isn’t right. This causes them to feel a breach in their privacy and fear of what the government can do if they don’t have any limits. People against the act will want to get rid of it because they feel that the government will take advantage of this and they won’t know when to stop. Their belief is it breaks some of their own rights and this is wrong. The ACU and the ACLU are prime examples of this belief and this is why they are always fighting against it. The others believe that terrorism is a great threat not only to the United States but also around the world and some action needs to be taken immediately. The USA Patriot Act offers them exactly what they are looking for and they are willing to give up some privacy in order to find the bad people among them. Usually, the people in the United States don’t have to fear because if they don’t do anything suspicious, the government won’t look at them. It is only those certain few…

    • 1930 Words
    • 8 Pages
    Better Essays
  • Satisfactory Essays

    Louise I. Gerdes. San Diego: Greenhaven Press, 2005. Opposing Viewpoints Resource Center. Gale. SAN JOSE PUBLIC LIBRARY SYSTEM. 2 Dec. 2008 http://0- find.galegroup.com.mill1.sjlibrary.org:80/ips/start.do?prodId=IPS. Bader, Eleanor J. "The Patriot Act Discourages the Free Exchange of Ideas." Current Controversies: Free Speech. John Boaz. Detroit: Greenhaven Press, 2006. Opposing Viewpoints Resource Center. Gale. SAN JOSE PUBLIC LIBRARY SYSTEM. 8 December 2008 http://0-find.galegroup.co m.mill1.sjlibrary.org:80/ips/start.do?prodId=IPS. " How Patriot Act 2 Would Further Erode the Basic Checks on Government Power That Keep America Safe and Free." American Civil Liberties Union. 30 Oct. 2002. ACLU Foundation. 2 Dec. 2008 http://w ww.aclu.org/safefree/general/17346leg20030320.html Levendosky, Charles. "Unconstitutional Sections of the Patriot Act Should Be Repealed." Opposing Viewpoints: The Patriot Act. Louise I. Gerdes. San Diego: Greenhaven Press, 2005. Opposing Viewpoints Resource Center. Gale. SAN JOSE PUBLIC LIBRARY SYSTEM. 2 December 2008 . Miller, Amy, and Ryan Lozar. "The Patriot Act Threatens Students ' Privacy…

    • 269 Words
    • 2 Pages
    Satisfactory Essays