Introduction: A New Policy
The U.S. Patriot Act was passed soon after the September 11 terrorist attacks for the purpose of broadening crime fighters’ ability to investigate terrorist activities. It is currently one of the most controversial U.S. policies, and the implementation of the policy has resulted in law suits and significant public concern. Theoretically, the purpose of the act is to protect American citizens; however, the question being raised by critics is, at what cost? Critics believe the usa patriot act limits many constitutional freedoms, while the supporters of the usa patriot act believe it to be of great importance for national security. There is no question but that the usa patriot act erodes some of America’s civil liberties. The real question, however, is whether the American community is willing to give up certain civil liberties for added security. The USA Patriot Act will fuel more controversy in the year to come, as the bill sunsets in 2005. In his 2004 State of the Union Address, President Bush said, “key provisions of the USA Patriot Act are set to expire next year. The terrorist threat will not expire on that schedule. Our law enforcement needs this vital legislation to protect our citizens” (Text of President Bush’s State of the Union Address).
So what is the USA Patriot Act? Who was responsible for enacting it? What are the reasons why some support the act and some do not? Is it about surveillance? These questions will be analyzed and discussed to achieve a better understanding of this greatly controversial U.S. policy.
Origins of the USA Patriot Act
After 9/11, the country was in a state of paranoia and grief. No one expected such a thing to happen, but, once it did, everyone agreed that greater measures needed to be taken to insure national security. Two days following the attack, Attorney General John Ashcroft and Congressional leaders opened talks on an emergency package of antiterrorism legislation that would greatly expand the Justice Department’s powers in cases of suspected terrorism. With pressure from the White House, the USA Patriot Act was approved by both the House and Senate, and was signed into law on October 13, 2001.
Early Concerns
The act was passed with little debate because federal law enforcement officials warned that another attack could be imminent. Was more surveillance necessary? Many lawmakers said it had been impossible to truly debate, or even read, the legislation. The speed with which this legislation was passed caused the first signs of concern. Civil-liberties groups implored Congress to slow down and consider the legislation’s impact, which they said could be a dangerous infringement on Americans’ privacy and constitutional rights. In the House, many Democrats opposed the bill. “We need to do everything in our power to end the blight of terrorism everywhere around the world,” said Representative John Conyers, ranking Democrat on the House Judiciary Committee. “But we must remember that just as the horrendous act could destroy us from without; it could also destroy us from within” (Toner). Some lawmakers complained that the bill was negotiated at the last minute by a very small group of people. Members rose to say that almost no one had read the new bill and pleaded for more time and deliberation. Representative David R. Obey, Democrat of Wisconsin, described the new bill as a “back-room quick fix.” He added, “Why should we care? It’s only the Constitution.” Despite these concerns, the act was passed, largely due to pressure from President Bush and Attorney General Ashcroft’s demand for immediate action. (Shenon)
The USA Patriot Act’s Substance and Impact
The USA Patriot Act has greatly expanded powers given to the government. The provisions of the act that have proven to be the most controversial will be explained and put in context of the state of the law prior to the act.
Section 215-- Records Searches
The first such provision is section 215, which modifies the rules on records searches. Post-Patriot Act, federal law-enforcement agents can search an American citizen’s financial, library, travel, video rental, phone, medical, church, synagogue, and mosque records without the citizen’s knowledge or consent, providing that the government believes it’s trying to protect the homeland against terrorism. Before the act was passed, the Fourth Amendment, Title III of the Omnibus Crime Control and Safe Streets Act of 1968, and case law provided that, if the state wanted to search you, it had to obtain a search warrant from a judge; further, to accomplish this, there had to be a showing of “probable cause” to believe that a crime had been or might be committed.. Section 215 is the most controversial part of the USA Patriot Act. It has caused more protests, lawsuits, and congressional amendments than any other section of the act.
The first lawsuit against the USA Patriot Act was filed by the ACLU on July 30, 2003, targeting Section 215 (Taylor). The suit has six groups--mostly Arab-American and Muslim-American groups--as plaintiffs. Their claim is that section 215 violates the Constitution and “vastly expands the power of the FBI to obtain records and other tangible things of people not suspected of criminal activity.” The Justice Department holds that Section 215 is needed and does not infringe on the Constitution. (Lithwick, Turner)
Section 218-- Secret Courts and their Jurisdiction
Another controversial provision of the USA Patriot Act is Section 218. This section gives authority for secret searches by a secret court without public knowledge or Department of Justice accountability so long as the government can allege that there is any foreign intelligence basis for the search.
continue with The USA Patriot Act....
|
