Constitutional conflicts and controversies surrounding the USA Patriot Act

Patriot Act

On September 11, 2001, after the terrorist attacks occurred, a contentious piece of legislation was adopted and passed called the U.S.A. Patriot Act. Research shows that the title for this bill is an abbreviation for what is recognized as "the United and Strengthening America by Giving Appropriate Tools Required to Interrupt and Obstruct Terrorism Act" (Dolar). Years later since the Patriot Act was passed, there has been much debate and controversy on the subject of the positive and negative rewards, and penalties of this bill. Many on the police force community, have experienced firsthand some of the changes the Patriot Act has brought upon this nation. A result of this experience alongside with information gained in the studying of this act and concerns, has led many people to believe in this bill as a way for combating terrorism against the United States of America. With that said, the Patriot Act is a passionately discussed law very few have even read and about which there is a decent amount of misunderstanding and ignorance. A lot of questions have been brought up in respects to the new law. Among them: Does it encroach upon the Bill of Rights and if it does, should the seriousness of the terrorist threat need such extra-legitimate measures?

Conflict with the Bill of Rights

On Oct. 26, 2001, the U.S.A. Patriot Act was signed into law. Also, this Act was overpoweringly approved with 357 votes in the House and 98 votes in the Senate (Dolar). The Patriot Act destroys the Bill of Rights. As well as there was barely a sound from the "We the People." (Chaffee)

The research shows that the original Patriot Act was drafted by both, Democrats and Republicans, the Senate the House and. Nevertheless at the very last minute the original was switched with a kind that had been authored by Viet Dinh (Jaeger). During the night, the President had the substitute bill published at 3:45 A.M., merely hours before the House vote arranged for that same morning. Research shows that out of 435 Representatives, there was not even one that would read the substituted Act before there was any kind of voting on the bill. There is a conflict with the Bill of Rights because it is not proper constitutional technique for a bill that has been pounded out by both parties and both houses to be substituted in the early morning hours with a bill organized by attorneys from the executive branch.

Some experts would make argument that the Act includes 30 years of prying legislation, laws that the congress had acknowledged unconstitutional for over 30 years for the reason that they encroach upon core American values and the Constitution. Also, the U.S.A. Patriot Act occupies the lives of every American giving the President full authority under the law to disrupt our most important philosophies under the Bill of Rights (Jaeger). Further research shows that The Patriot Act gives for searches, deprived of probable cause. Also, Law enforcement are able to just break and enter into your home, collect computer files, reading lists, video and magazine lists and even "bug" your home with high tech surveillance equipment. All of this in direct violation of the Fourth Amendment. The Patriot Act has destroyed Property Rights and permits for illegal inspection of a person's private property.

John Whitehead makes the following point when it comes to the conflict:

"The Patriot Act put a stake right in the heart of the Bill of Rights, disrupting at any rate six of the ten unique amendments -- the First, Fourth, Fifth, Sixth, Seventh and Eighth Amendments -- and perhaps the Thirteenth and Fourteenth Amendments, in addition. The Patriot Act likewise redefined terrorism so generally that many non-terrorist political activities for example demonstrations protest marches, and civil disobedience were well-thought-out potential terrorist acts, in that way interpreting anyone desiring to participate in protected First Amendment expressive actions as respondents of the surveillance state."

It is in conflict with the Bill of Rights, ever since 9/11 an irrefutable pattern has arose, from search that have been illegal and seizures to warrantless monitoring to the GPS tracking of people's cell phones to body scanners at airport to the redefinition of Habeas Corpus to the growing usage of rendition for the resolutions of torturing prisoners yet to be charged with a crime to military courts substituting courts of law, among many others.

Conclusion

It is clear that the Patriot Act can guarantee that our Law Enforcement community has the appropriate gears to fight the prospective for terrorism inside the United States. Now, whether or not this is an argument that is proper or not remains to be looked at, it is the objective of the groups of the Patriot Act to make sure that there is a safer tomorrow for the citizens of this great country.