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U._S._Patriot_Act_(2001)

2013-11-13 来源: 类别: 更多范文

September 11, 2001 attacks of terrorism were the worst tragedy on the United States ever witness in America. Many people died during the attack. Then after the attack, President George W. Bush declares a “War on Terror” (2001). The tragic event became a facilitator for the Patriot Act of 2001 and was into law on October 26, 2001 with votes from the house of 357-66 and the Senate 98-1. The Patriot Act gives authority to law enforcement officers and intelligent agencies the tools to help protect citizens and America against the fight of terrorism. The provided tools through the act have been approved by the court systems to commit law enforcement to certain rules, regulation, and polices they must follow. “The penalties for existing federal crimes increases and adjustments are made in federal procedures concerning terrorism,” (2001). The immigration laws enacted was so that it would be tougher for terrorist to enter and leave the United States. Therefore, terrorist are detained if caught and brought in as suspects. The Patriot act allows law enforcement officers to react to any threats of terrorism. “The document also contains several sunset provisions; essentially this is a date of termination for all or part of the act unless legislation extends it,” (2001). Some of the acts include Titles that are without provisions because of the Improvement and Reauthorization Act of 2005. The improved act heightens the law enforcement strength to fight against terrorism. One section extended was the definition of “agent of foreign power” as any non- American who employs terrorist activities and is not a member of a terrorist group or organization (Yeh & Doyle, 2006). The act covers federal crime codes and any loss acquired from terrorist activities (2006). The USA Patrick Act is important but unfair act violates the rights of American citizens. The advantages and disadvantage of the USA Patriot Act is an overview of the sacrifice of American rights versus terrorism. The Advantages of the USA PATRIOT ACT Protecting American against foreign and domestic terrorism is the main focus of the Patrick Act. The act defines domestic terrorism as any person who display any harm against people in America. “Laws that already exist and effective for drug related crimes are applied to fight against the act of terrorism. For example, law enforcement and intelligence agencies can ask a federal judge for business records or to obtain a search warrant where ever terror related activities occur” (ACLU, n.d.). The act does provide easier ways to investigate terrorist crime. Streamlining communication between agencies, allows them to communicate and share information about various terrorist activities (Platfoot, 2009). Agencies can perform a ‘sneak and peak’ and delay notification for up to three months (Doyle, 2001). The act ensures the use of surveillance for the intended use of international terrorism and not to prevent freedom of speech. Tougher federal crime penalties are enforced if a terrorist is caught. Provisions are made to keep up with recent terrorism, which allows quality technology to match the seriousness of the crime, “such high-tech computer surveillance equipment,” (Platfoot, 2009.). As of 2005, 395 people were charged with crimes relating to terrorism with more than 212 convictions (Ryan, 2005. The Disadvantages of the USA PATRIOT Act American policy makers must respect the Constitution to defend American rights. The Constitution and Bill of Rights are for all regardless of one’s personality and situations. However, these laws and the rights of Americans have been misused because of] the transformation of the Patriot Act. George Busch appealed executive powers after the 9/11 attacks to give him more power and the right to call upon the reserves. The terrorist attacks enacted the new Patriot Act to fight against terrorism by giving up the civil rights of Americans. Focused on the power of law enforcement and intelligence agencies stream lines ability but gave unrestrained powers to investigate people to fight terrorism. The act give agencies the authority to act not only during terrorist crimes but also to act upon any violent acts or threats that involves public officers or property. The Busch administration also gave new meaning to terrorism, which includes consistent and over-all criminal acts. The act also put the CIA, Central Intelligence Agency) in charge of domestic meeting. The Fourth and Fifth Amendments are in direct attack by the Patriot act. The Fourth Amendment gives citizens the right not to be treated as if they may be guilty of something without credible cause. The Patriot Act allows the government to have the benefit of determining that Americans that they deem as suspicious, for whatever reason, is not worthy of the evolution of due process. The Fifth Amendment gives the people the right to that due process by establishing procedures whereby a public finding of rendered accountability upon the government. The Patriot act, strips the public accountability, locks it down behind doors of secrecy and hides the process in the veil of security. The act also permits a postponement in notification that breaches the Fourth Amendment. Failure to notify goes against the Fifth Amendment right to due process (ACLU, 2003). These powers given by this act remain unfiltered and unchecked. Because of the lack of checks and balances, Americans are giving up their civil right protected by the Constitution and often are not even aware of it. Freedom by Surrender The law is to protect Americans against terrorism. The Act is about America against Americans. The lack of responsibility for enactment of this law is overwhelming. Document release by the Supreme Court in 2006 show the pride of the government and its desire to protect the PATRIOT Act. The documents show the government’s attempts to censor quotes from previous Supreme Court cases (ACLU, 2006). The courts rules that documents once made public cannot be prevent from publication (2006). The necessity to edit Supreme Court documents in the name of national security is absurd. The USA PATRIOT Act and its lack of accountability is asking Americans to withdraw their liberty. The founders of the Constitution fought in the Revolutionary War to give Americans these rights. Rights worth fighting and dying for are still valid today. Americans cannot gain freedom by surrendering. The Patriot Act has unclear segments whereas it is meant to protect the rights of citizens however it does otherwise. This act is does not have clear justification to enable the rights of the people to wonder if they are protected or violated. The laws should protect American from terrorism regardless of what an individual is faced with or their situation. References ACLU American Civil Liberties Union of Rice University (n.d.) Are You Willing to Give Up Civil Liberties for Security' ACLU American Civil Liberties Union (2003) What is the USA PATRIOT Act' ACLU American Civil Liberties Union (2006) Supreme Court Unseals Document in PActriot Act Case Bush, George W. (2001) Address to Congress and the American People Following the September 11, 2001 Attacks (“War on Terror” Declaration Doyle, Charles (2001) Terrorism: Section by Section Analysis if the USA PATRIOT Act. Retrieved from: http://fpc.state.gov/documents/organization/7952.pdf Platfoot, Keith (2009) Patriot Act Stop Terror. Ryan, Kevin V. (2005) PATRIOT Act Has Major Advantages. Yeh, Brian T. and Doyle, Charles (2006) USA PATRIOT Improvement and Reauthorization Act 2005: A Legal Analysis.
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