The Patriot Act and its implications

Patriot Act

The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act was passed soon after September 11. The groundbreaking legislation, which has caused tremendous controversy and outcry among civil rights activists, has become one of the most important pieces of legislation passed in Congress in recent American history. The U.S.A. Patriot Act contains previsions included in previous anti-terrorist bills, including one that was passed only one month before September 11. The Patriot Act's provisions strengthen the overall powers of law enforcement, enabling a number of various ex-parte surveillance and investigative actions, in lieu of Fourth Amendment rights to due process of law. This means that citizens may be subject to invasions of their privacy, such as through wire tapping, if suspected of being a part of a terrorist organization. However, the extent of the expansion of law enforcement powers the Patriot Act entails can be easily abused, which is why the Act has become so contentious. In general, the Patriot Act is significant for the following key reasons: it expands the powers of state, local, and federal law enforcement and government officials beyond their powers as outlined in the United States Constitution; and it serves as a reminder of the ways American society has changed in the aftermath of September 11.

Legalistically and judicially, the Patriot Act stretches and tests the boundaries and limitations of the United States Constitution. The Act was passed with only one dissenting vote and in only six weeks time, making it highly unique in its rapid unanimous approval. Nevertheless, "historians are likely to bundle the Patriot Act with other measures such as the Alien and Sedition Acts of the 1790's, Abraham Lincoln's suspension of habeas corpus during the Civil War," and other "emergency measures acts (Mitrano). The constitutionality of the Act is suspect in spite of its near-unanimous approval in Congress. In particular, critics complain that the Act violates provisions in the First, Fourth, and Fifth Amendments to the Constitution, among others. By expanding the rights of the government to conduct ex-parte search, seizure, and surveillance as indicated in sections 215 and 216, clearly do challenge treasured civil rights such as the right to privacy, the right to free speech, and the right to due process of law. Proponents defend the legislation by noting that its provisions only apply to those suspected of terrorist acts; and that the act has already led to a significant number of meaningful arrests. Recently, President Bush announced that the Patriot Act "yielded more than 400 charges, more than half of which resulted in convictions or guilty pleas," ("USA Patriot Act").