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The USA PATRIOT Act (Patriot Act) was established after 11, 2001 (9/11) when terrorists attacked the United States september.
The Patriot Act has raised many concerns about whether it infringes regarding the civil liberties of those of this nation. Looking back ever sold, our past presidents developed laws that have been the stone that is stepping the ideas that created the Patriot Act. The government’s job would be to protect the social people, however it has a more substantial job that will be to protect the country. It has raised many issues involving the Patriot Act and whether or otherwise not it is more detrimental to us than it really is helpful. In relation to the Patriot Act and exactly how it deprives those accused under it of Constitutional rights, the American people should really be worried about simply how much power our government has when developing laws governing our civil liberties.
On 11, 2001 the United States (US) experienced the unthinkable when terrorists attacked the country on its own soil september. This was a serious eye opener or can I say reality look for the united states. The US has some of the very most sophisticated counter intelligence on the planet but was struggling to prevent such a tragedy. Why didn’t it is seen by them coming? A lot of thing will be different today if that question could half been answered ahead of 9/11.
This act was compiled from two documents, the Provide Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) from the homely house of Representatives (House) plus the Uniting and Strengthening American (USA) Act through the Senate, was merged together creating the Patriot Act. Based on Lemieux, previous laws that are developed by previous presidents to resolve conflicts were similar to the Patriot Act they just had different names Lemieux, M. (n.d.). History of the united states Patriot Act. Retrieved April 9, 2011, from http://www.constitutiondenied.com/Media/History-Patriot-Act.pdf. The Aliens and Sedition Act of 1798 was developed during the pugilative war with France since the US was afraid when it comes to country and the people and wished to make sure the enemy failed to sleep amongst us. With this specific power the president was able to have anyone that was considered to be a threat towards the government would be arrested and deported. Through the Civil War the president suspended Habeas Corpus when it comes to safety advantages of the world, giving the us government the power to imprison someone without sufficient evidence. During World War II, the President ordered over 10,000 American citizens that had not shown any disloyalty towards the United States into confinement camps because they were of Japanese descent Lemieux, M. (n.d.). Reputation for the united states Patriot Act. Retrieved April 9, 2011, from http://www.constitutiondenied.com/Media/History-Patriot-Act.pdf. These are the stone that is stepping the development of the Patriot Act.
The Patriot Act had become as a reply to the tragic events of 9/11. The bill that could come to be known as the Patriot Act was introduced to Congress just days after 9/11. It was revised because of concerns from many congressmen that the bill allowed for too broad of a scope of capacity to federal authorities. Eventually following the bill was revised and reintroduced, Congress passed it with little opposition on 26, 2001 october. Senator Russell Feingold (D-WI), would up being the only senator to vote contrary to the Patriot Act. Even though the Patriot Act failed to come into existence until after 9/11, it will have roots in earlier legislation. On 25, 1996, President Clinton signed the Antiterrorism and Effective Death Penalty Act into law april. The balance for this statutory law was introduced after the Oklahoma City Bombing. The main provision of the act managed to get illegal to present “material support” to any organization banned by the state dept.. The bill was greatly criticized by Republicans for granting power that is too much authorities. The bill needed to undergo modifications that are major it had been passed in 1996. The bill that ended up becoming law was said to be a “watered down version” regarding the original that President Clinton wanted passed. Strangely enough, it had been this act that was revamped and broadened to generate the Patriot Act (Creative Commons, n.d.).
The Patriot Act has been highly criticized for being extremely broad and too open for interpretation since becoming law. In 2004, a judge ruled that parts of the Patriot Act were unconstitutional since they were too vague as well as in violation regarding the First and Fifth Amendments. Another criticism regarding the Patriot Act is that it does not guarantee enough oversight to make sure that the ones that are given power by the act usually do not misuse it. On March 9, 2006 President Bush signed the Patriot Act Reauthorization, but attached a signing statement in that he said which he would ignore specific mandates printed in the bill that would give more judicial and Congressional oversight to agencies authorized utilization of the act. The Attorney General at the time, requesting to have the administration rescind the signing statement since they do not have force of law in late March, letters were written to Alberto Gonzales. In those letters, they cited Article 1, Section 7 of the Constitution which states that ‘Every bill which shall have passed the House of Representatives plus the Senate, shall, if he approve he shall sign it, but if not he shall send it back. before it become a Law, be presented into the President for the United States;’ Alberto Gonzales and President Bush both ignored the letters and never responded. Their argument was that the president could not change legislation that were passed by Congress and say which he would ignore element of it which he did not agree with. On 10, 2007, an appeals court upheld the 2004 ruling that parts of best essay writing website the Patriot Act were unconstitutional december. Into the ruling, the court stated that a statute must allow for an individual of average intelligence to be able to learn and understand the law. They found that certain areas of the act were too vague. They concluded that if the law was worded in a way that the average indivdual could not understand, then your average person would not determine if these people were committing a crime (Creative Commons, n.d.).
While many genuinely believe that our terrorist threat from other countries is fantastic, addititionally there is driving a car of terrorist attacks on the US by a unique citizens. The Oklahoma City Bombing is a tragic example. In some instances, there is certainly a necessity when it comes to government to suspect an American citizen and do surveillance to safeguard the country from another tragedy that is such. The us government has been doing espionage work for longer than most people think. It’s not a new practice, but with the technology we now have today, it is easier for authorities to get intelligence. Even though they usually have this technology at their disposal that does not mean that the Constitution may be ignored into the name of protecting the usa.
One example associated with Patriot Act being used in such a real way is in the case of Jose Padilla.
He was a Puerto Rican born citizen who later in the life transformed into Islam. He traveled throughout the Middle East and allegedly plotted with al Qaeda terrorists to detonate a “dirty bomb” in a US city. As soon he was detained as he stepped off a plane in the United States. The Bush Administration claimed though he was an American citizen because he had been deemed an “enemy combatant” by the president that he could be detained even. He was then held in a military brig for three . 5 years and was allegedly subjected to torture at the hands of US officials attempting to elicit information from him. During those times, he was not faced with any crimes even though it was said there clearly was evidence that is overwhelming him. He had been also cut off from all communication with his attorney and family(Martinez, 2007).