The Patriot Act and its impact on civil liberties

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, while passing the Patriot Act, realized that it was a temporary measure and inserted "sunset" provisions for most of the sections that have enhanced the discretionary powers of the establishment. 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 make the U.S. An unattractive destination for talented immigrants.

3. Compromises Privacy

Parts of the Act such as Section 215 extend the FBI's power to conduct warrant-less record searches, with little or no judicial oversight, severely compromise individual privacy of U.S. citizens -- one of the cornerstones of the Bill of Rights. Such provisions that allow "government in secret" are of particular concern to all those who value freedom. (Stravelli, 2004)

My Opinion of the Act

Despite appreciating the need for preventing terrorist attacks, I am deeply concerned at the way in which the Civil Rights of our citizens have been compromised by parts of the PATRIOT Act. I firmly believe that the Bill of Rights and the checks and balances were introduced in the U.S. constitution by the founding fathers for very valid reasons. They realized the wisdom of containing the powers of the government and to guard against the tyranny of the majority. Laws, such as the PATRIOT Act, once constituted are difficult to get rid of and put us on the proverbial "slippery slope." Already, the President George W. Bush has declared the continuance of the Patriot Act through the extension of the Sunset provision by the Congress as one of the priorities of his administration in its second term. ("Bush Sees Patriot Act Renewal As Key Goal," 2004) Some Republican senators are reportedly planning to introduce legislation to repeal the sunset provisions altogether, which is an indication of the things to come.