Patriot Act
In response to the terrorist attacks that occurred on September 11, 2001, Congress passed the U.S.A. Patriot Act, an act that gives federal officials more authority to track and intercept communications, for both law enforcement and foreign intelligence gathering purposes (Doyle, 2002). The Patriot Act also gives the Secretary of the Treasury regulatory powers to prevent corruption of U.S. financial institutions for foreign money laundering purposes.

The U.S.A. Patriot Act was an urgent response to the terrorist attacks and, thus, was a bill that passed through the legislative and executive branches quickly. As a result, the Patriot Act was a controversial topic. According to Charles Doyle, Senior Specialist at the American Law Division, the Patriot Act "seeks to further close our borders to foreign terrorists and to detain and remove those within our borders. It creates new crimes, new penalties, and new procedural efficiencies for use against domestic and international…...

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Bibliography

CNN News. (October 26, 2001). Bush signs antiterrorism bill into law. AOL Time Warner Company. Retrieved from the Internet at http://www.cnn.com/2001/U.S./10/26/rec.bush.antiterror.bill/index.html.

Doyle, Charles. (April 18, 2002). The U.S.A. PATRIOT Act: A Sketch. CRS Report for Congress, Issue RS21203.

Hunt, Terrence. (September 10, 2003). Bush asks Congress to give law enforcement wider powers to fight terrorism. Cnews.com. Retrieved from the Internet at  http://cnews.canoe.ca/CNEWS/WarOnTerrorism/2003/09/07/179092-ap.html .

McCullagh, Declan. (October 4, 2001). Patriot Bill Moves Along. Wired Magazine.

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 ights such as the "due process" of the Fourth Amendment constrained them in their investigations of suspected terrorists. The PATIOT 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…...

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References

'Bush Sees Patriot Act Renewal As Key Goal." (2004). The Associated Press. Nov. 12, 2004. Retrieved on November 24, 2004 from  http://abcnews.go.com/Politics/wireStory?id=248010 

Lithwick, Dahlia and Turner, Julia. (2003). "A Guide to the Patriot Act, Part 2." Slate.com. Retrieved on November 24, 2004 from http://slate.msn.com/id/2088106/

Stravelli, Gloria (2004). "Panel discusses pros and cons of Patriot Act." Atlanticville Frontpage October 3, 2004. Retrieved on November 24, 2004 from http://atlanticville.gmnews.com/News/2003/1003/Front_Page/020.html

"The U.S.A. PATRIOT Act: Preserving Life and Liberty." (2003). Department of Justice Website. Retrieved on November 24, 2004 from http://www.lifeandliberty.gov/

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…...

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Works Cited

Mitrano, Tracy. "Taking the Mystique Out of the U.S.A. PATRIOT Act: Information, Process, and Protocol." 14 Oct 2003. Information Technologies Policy Office, Cornell University. Retrieved 20 July 2005. Online at  http://www.cit.cornell.edu/oit/PatriotAct/article.html 

'USA PATRIOT Act." 20 July 2005. Wikipedia. Retrieved 21 July 2005 online at  http://en.wikipedia.org/wiki/USA_PATRIOT_Act

It is, in one sense, a give and take relationship, but underlying it are the philosophies of Rousseau and Smith, in spite of the fact that both are full of contradictions. Rousseau, for example, states that man's "first law is to provide for his own preservation, his first cares are those which he owes to himself; and, as soon as he reaches years of discretion, he is the sole judge of the proper means of preserving himself, and consequently becomes his own master" (14-15). Yet within the same breath he can assert that man is not his own master when he has Big Brother: "As a shepherd is of a nature superior to that of his flock, the shepherds of men, i.e., their rulers, are of a nature superior to that of the peoples under them. Thus, Philo tells us, the Emperor Caligula reasoned, concluding equally well either that…...

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Works Cited

De Tocqueville, Alexis. Democracy in America (ed. By R.D. Heffner). New York,

NY: Penguin Mentor, 1984. Print.

Hamilton, Alexander. "Federalist No. 23." Constitution.org. Web. 8 Mar. 2013.

Rousseau, Jean Jacque. The Social Contract. (G. DH Cole, Trans.). New York, NY:

PATIOT ACT V. FOUTH AMENDMENT
Patriot Act & 4th Amendment

The Fourth Amendment was created in 1791 primarily to end the existence of general warrants, which the American colonialists hated and feared. These warrants were used by the English government to conduct door-to-door searches and mass arrests, often as a coercive method for achieving social and political goals (Maclin and Mirabella, 2011, p. 1052). With this history in mind the text of the Fourth Amendment makes perfect sense:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." (FindLaw, 2011)

The wording of the Fourth Amendment represents a straightforward attempt to eliminate general warrants and thus protect personal privacy, which…...

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References

Abramson, Larry and Godoy, Maria. (2006, Feb. 14). The Patriot Act: Key controversies. National Public Radio. Retrieved from  http://www.npr.org/news/specials/patriotact/patriotactprovisions.html 

Bill of Rights Defense Committee. (2007). Resolutions and ordinances critical of the U.S.A. PATRIOT Act and other laws and policies that diminish civil liberties. Retrieved from www.bordc.org/resolutions.pdf

Dilanian, Ken. (2011, Aug. 29). A key Sept. 11 legacy: More domestic surveillance. Los Angeles Times. Retrieved from  http://articles.latimes.com/2011/aug/29/nation/la-na-911-homeland-security-surveillance-20110830 

FindLaw. (2011). U.S. Constitution: Fourth Amendment. Findlaw.com. Retrieved from  http://caselaw.lp.findlaw.com/data/constitution/amendment04/

" According to the American Civil Liberties Union (ACLU). A "national security letter" (NSL) is basically a written demand by the FI or other federal law enforcement agencies for a group or organization to turn over records or data or documents, with no warrant attached to the demand. They are given out without probably cause or any justice-related back-up, and have been used extensively since the Patriot Act; they are seen by civil rights activists, legal scholars and others as an example of the over-reaching authority granted to federal agencies by the Patriot Act (and clearly in conflict with the Fourth Amendment).
Indeed, an article in the New York Times Magazine (Rosen 2007) NSLs are "especially susceptible to abuse because they're not subject to independent review by a judge or a magistrate." And that fact is as it is because "recipients are forbidden to discuss them." The article quotes from the…...

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Bibliography

ACLU 2007, 'ACLU Analysis and Recommendations: Justice Department OIG Report on Misuse of National Security Letters', Retrieved May 3, 2007, at http://www.acllu.org/safefree/nationalsecurityletters/28969lgl20070309.html.

ACLU 2007, 'ACLU Refutes FBI's Claims of 'Unintentional' Patriot Act Abuses, Citing Lies About Authority to Demand Phone Company Records', Retrieved May 3, 2007, at  http://www.aclu.org/safefree/nationalsecurityletters/28968prs20070309.html .

Associated Press, Knight-Ridder Newspapers 2003, 'The Patriot Act in a Nutshell', Concerned Citizens Against the Patriot Act, Retrieved May 4, 2007, at  http://www.scn.org/ccapa/pa-meta.html .

Lichtblau, Eric 2005, Patriot Act's Reach Has Gone Beyond Terrorism, the New York Times, Retrieved from Concerned Citizens Against the Patriot Act

" Prohibiting "a bill of attainder" means that the U.S. Congress cannot pass a law that considers individual or aggregation blameworthy and later discipline them. Disallowing an ex post facto law implies that the U.S. Congress cannot make any given act a crime after the time the act had been committed. It is doubtful that this applies to a few sections of the Patriot Act. Individuals who monitor the Supreme Court are sitting tight for a case to make its direction up so the judges can run on it (Ball, 2008).
The scope of the research of the Patriot Act

This study is based on available online books and journals focusing on this topic. A thorough investigation and research reveal that many of the measures implemented under the U.S. Patriot Act have been broadly affirmed. However, handful experts consider sections in the provisions as unconstitutional. These sections are accepted to go against…...

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References

Ball, H. (2004). The U.S. Patriot Act of 2001: Balancing civil liberties and national security: a reference handbook. Santa Barbara, CA: ABC-CLIO.

Ball, H. (2008). The U.S. Patriot Act of 2001: Balancing civil liberties and national security: a reference handbook. Santa Barbara, CA: ABC-CLIO.

Ball, H. (2008). U.S. homeland security: A reference handbook. Santa Barbara, Cal. [u.a.: ABC-Clio.

Birkland, T.A. (2010). An introduction to the policy process: Theories, concepts, and models of public policy making. Armonk, N.Y: M.E. Sharpe.

This change is likely to come about as lawmakers realize how their skirting of Constitutional protections for one area they are in favor of can easily be applied to other areas once the door is opened for working outside the appropriate framework.
ibliography

Edgar, T.H., (2003, February 14). Section-by-section analysis of Justice Department draft "Domestic Security Enhancement Act of 2003," also known as "Patriot Act II." ACLU. http://www.aclu.org/safefree/general/17203leg20030214.html

Lithwick, D. And Turner, J. (2003, September 8). A guide to the Patriot Act, Part 1. Slate. http://www.slate.com/id/2087984/

Myths and Realities about the Patriot Act. ACLU. http://action.aclu.org/reformthepatriotact/facts.html#four

Probable cause. Wikipedia. http://en.wikipedia.org/wiki/Probable_cause

Rosenzweig, P. (2004, May 5). Aiding terrorists - an examination of the material support statute. http://www.heritage.org/Research/LegalIssues/tst050504a.cfm

Rosenzweig, P., Kochems, a. And Carafano, J.J. (2004, September 20). The Patriot Act reader: Understanding the law's role in the war on global terror. http://www.heritage.org/Research/HomelandDefense/upload/69895_1.pdf

Strom, R. (2004, December 5). Patriot Act II: Pro-security, or anti- freedom? WorldNetDaily. http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=41722

The USA Patriot Act:…...

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Bibliography

Edgar, T.H., (2003, February 14). Section-by-section analysis of Justice Department draft "Domestic Security Enhancement Act of 2003," also known as "Patriot Act II." ACLU.  http://www.aclu.org/safefree/general/17203leg20030214.html 

Lithwick, D. And Turner, J. (2003, September 8). A guide to the Patriot Act, Part 1. Slate.  http://www.slate.com/id/2087984/ 

Myths and Realities about the Patriot Act. ACLU. http://action.aclu.org/reformthepatriotact/facts.html#four

Probable cause. Wikipedia.  http://en.wikipedia.org/wiki/Probable_cause

Patriot Act in egards to Its Authorization
of Surveillance and Search and Seizure

The Patriot Act:

The Patriot Act was enacted into law in 2001 to unite and strengthen America through the provision of suitable tools that are necessary to interrupt and barricade terrorism acts. This legislation was established with the dignified intention of identifying and indicting international terrorists operating on the United States' soil ("USA Patriot Act," n.d.). The Act, which amended more than 15 several statues, consists of different provisions that recommend concluding the information-sharing gaps amongst different governmental agencies. Compliance with the Patriot Act is the foundation for political and monetary support for projects that may be technically viable. However, regardless of the good intentions of the legislation, it has raised various perspectives since its enactment. Consequently, it's important to examine the ethical and homeland security implications of the Patriot Act especially in regards to its authorization of surveillance and…...

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References:

Abramson, L. & Godoy, M. (2006, February 14). The Patriot Act: Key Controversies. Retrieved September 17, 2011, from  http://www.npr.org/news/specials/patriotact/patriotactprovisions.html 

"Highlights of the U.S.A. Patriot Act." (n.d.). Preserving Life & Liberty. Retrieved from Department of Justice website: http://www.justice.gov/archive/ll/highlights.htm

Johnston, H.A. & Eshelman, M. (n.d.). The Patriot Act and Civil Liberties: A Closer Look.

Retrieved September 17, 2011, from  http://www.hsdl.org/?view&did=469628

These include "books, letters, diaries, library records, medical and psychiatric records, financial information, membership lists of religious institutions, and even -- as Attorney General Ashcroft himself conceded in testimony before Congress -- genetic information" ("ACLU").
A real life example of how an innocent individual's civil rights can be so easily violated was presented by Jason Halperin's account, in his article Patriot aid. Halperin had gone with his roommate to see the Broadway show ent. Before heading to the musical, the two men decided to stop at a favorite Indian restaurant, in the heart of midtown New York, just off Times Square. They had just begun to eat dinner when five NYPD officers, in bulletproof vests, stormed into the restaurant, guns drawn and pointing at the customers and the restaurant staff.

Halperin further goes on to tell of how the police officers had all of the terrified patrons and staff go to…...

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References

ACLU Says Justice Dept.'s Patriot Act Website Creates New Myths About Controversial Law. 26 Aug 2003. ACLU. June 24, 2005  http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=13371&c=206 .

Halperin, Jason. "Patriot Raid." AlterNet (29 Apr 2003). June 24, 2005  http://www.alternet.org/story/15770 .

Lithwick, Dahlia & Turner, Julia. "A Guide to the Patriot Act, Part 1." MSN (8 Sept 2003). June 24, 2005 http://slate.msn.com/id/2087984/.

The Patriot Act. 20 Jun 2005. Wikipedia.org. June 24, 2005  http://en.wikipedia.org/wiki/The_Patriot_Act .

Though out-and-out electronic monitoring of private information as evidence in a terrorist-related trial is highly unlikely, it nonetheless puts the average American citizen in a position where his or her privacy is greatly compromised (Soma, Nichols, ynerson, Maish, and ogers, 2005).
Another section that deems careful scrutiny is Section 215 of the Patriot Act. This section allows the FBI to demand production of any "tangible things" for terrorism investigations. Vagueness and ambiguity seem to be recurring themes throughout the Patriot Act. Section 215 is exceptionally vague in terms of "what is" and "is not" fair game to FBI acquisitions. It seems that the Patriot Act is written in such a way that "anything" could be conceived as being open in the eyes of investigators, including private and confidential handwritten information, tape recordings, hard drives, and CD-OM -- simply because they are "tangible things" (USA Patriot Improvement and eauthorization Act of…...

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References

Baker, N. (2004). National securities vs. civil liberties. Presidential Studies

Quarterly. 33 (3), 547-568.

Epic, (2005). USA Patriot Act sunset. Retrieved on 17 November 2007 at  http://www.epic.org/privacy/terrorism/usapatriot/sunset.html .

Thomson Gale Databases, (2007). House votes for no telco immunity. eWeek.

ome have even been detained for long periods of time without being informed when they would be released or even the reason for their detention. The situation at airports is no less dire. ome airlines have even refused to let Arabs on board because of their ethnic heritage and their perceived connection to terrorism.
One important issue that is overlooked with regard to this is the fact that many white citizens in the country have joined the Al Qaeda cause, because it gives them something to believe in and to fight for. The true terrorists are however ignored in favor of innocent citizens as a result of their skin color. This is certainly not democracy, and nor does the diminishment of equal rights guarantee safety, as the targets of such practices are innocent in most cases.

The issue of ethnic heritage and prosecution after 9/11 are also addressed by Nancy Baker…...

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Sources

Baker, N, (2003). National Security vs. Civil Liberties. Presidential Studies Quarterly. 33, 547.

Berlau, J (2004, January 5). Money Laundering and Mission Creep; the Costly and Intrusive Money-Laundering Provisions Put into the U.S.A. PATRIOT Act at the Insistence of Democrats Are in Use for More Than Terrorism Cases. Insight on the News, 28.

Brant, I (1965). The Bill of Rights: Its Origin and Meaning. Indianapolis: Bobbs-Merrill.

Cassella, Stephan D. (2002).Forfeiture of Terrorist Assets under the U.S.A. Patriot Act of 2001. Forfeiture of Terrorist Assets under the U.S.A. Patriot Act of 2001. 34, 7.

It loosened the regulations needed to tap into conversations of suspect individuals, allowing the government to ease drop with much more ease. The act also allowed for greater freedom in collecting intelligence over seas and lesser restrictions on detaining suspects and deporting foreign nationals deemed to e dangerous y the U.S. government (Lithwick 2003). This allowed much greater power on the ehalf of the federal government to detain suspicious individuals without charging them right away. Along with this, it also helped increase the deportation power of the government within a wide variety of cases.
Such new found freedoms of the reign of the federal government as estalished through the provisions of the Patriot Act insurrected great controversy within the minds of citizens all across the country. Many citizens elieve the patriot Act to e a direct infringement on the civil lierties of American citizens (Americans Civil Lierties Union 2003). It…...

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bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ056.107.

Lithwick, Dhalia. (2003). A guide to the Patriot Act, part 1. Slate. Retrieved April 11,

2009 from  http://www.slate.com/id/2087984/ .

Those that believe that the Patriot Act represents a grave breaking of basic individual freedom ignore the fact that although governmental agencies have the right to obtain personal data about a person and to put that person under surveillance without notification, they cannot do so without the approval of a judge. The Patriot Act does not fully allow the FI or the CIA to access personal data; it merely gives them the possibility to do so if a judge agrees that they have sufficient reason for it.

The greatest opposition against the Patriot Act provisions is centered on the fact that it allows agencies to have access to personal information, that is and should remain private. However, the Patriot Act does not break the privacy right stipulated in the Fourth Amendment because the Fourth Amendment does not refer to items disclosed to third parties. For example, a credit card user reveals…...

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Bibliography

Abramson, Larry and Maria Godoy, the Patriot Act: Key Controversies, December 16, 2005, available at  http://www.npr.org/news/specials/patriotact/patriotactdeal.html ;

McCarthy, Andrew C., "The Patriot Act without Tears: Understanding a Mythologized Law," National Review, Vol. 56, June 14, 2004;

McKenna, George, and Stanley Feingold, eds., Taking Sides. Clashing views on controversial political issues, McGraw-Hill/Dushkin, Dubuque, Iowa, 2005.

Patriot Act became part of the United States' law following its enactment in 2001 for the purpose of uniting and strengthening the country by providing appropriate tools that are necessary in barricading and interrupting terrorism acts. The law was also enacted with the dignified objective of spotting and indicting global terrorists operating on America's soil. Since its enactment, the legislation has continued to draw sharp controversies due to the emergence of ethical concerns and homeland security implications. The huge debates have regarding the Patriot Act has risen because of certain provisions in the legislation with both republicans and democrats raising various issues. However, while the controversies have become synonymous to the legislation, the act has various advantages especially on America's homeland security. The advantages basically emanate from the fact that the legislation has improved America's counter-terrorism efforts. Some of these benefits or advantages include & #8230;
Permitting Government to Use Techniques…...

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Works Cited:

"The Importance of the Patriot Act." Nolan Chart. Nolan Chart LLC, 22 Mar. 2008. Web. 09 Nov. 2011. .

Jorgensen, Paul, Carol Capek, Sam Gustafson, Jason Kadzban, and Donalyn Sandborn. "The Patriot Act - An Impact Analysis." Scholar Works @ GVSU. Grand Valley State University, 11 Dec. 2003. Web. 9 Nov. 2011. .

United States. Department of Justice. Highlights of the U.S.A. Patriot Act. U.S. Department of Justice. Web. 09 Nov. 2011. .