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Patriot act and civil liberties
Introduction on the patriot act
Patriot act and civil liberties
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Primary Source report Controversy over the USA PATRIOT ACT (2001, 2005) George W. Bush and Suzanne E. Spaulding After the attacks by the predominantly Saudi extremists on 9-11, the administration of then President George ‘Dubya’ Bush went into overdrive to be seen as proactive in the effort to make sure that the attacks could not be repeated. With the passage of The USA Patriot Act, the then President Bush asserted, we would be handed our intelligence and law enforcement officers the required tools and abilities to fight this new and ‘present danger.’ The document lays out the assertions of the President as of October 26, 2001 as given during a speech at the White House. Also included are the contrasting comments and opinions of Suzanne Spaulding, who has served in the intelligence community for 25 years under both Republican and Democratic presidents and is currently Under Secretary for the National Protection and Programs Directorate at the Department of Homeland Security. In his speech, from the outset, Bush asserts to the American public that the given tools and justifications hidden within the USA Patriot Act are necessary in the ‘War on Terror.’ He also states that law enforcement would be used, despite later making it quite clear that his administration felt it …show more content…
was clearly an intelligence and military matter. That keeps the issue at arm’s length and allows for the blame to me sloughed off for the many failures to follow in the administrations two disastrous terms. Even the calculated naming of the USA Patriot Act was a disingenuous attempt to curtail criticism- for who amongst us can rightfully criticize something with the word Patriot right there in the name. It would be as if you weren’t supporting the troops. One of the most telling aspects of Bush’s speech is located approximately halfway through the speech and is not explained in any type of detail, ‘As of today, we’re changing the laws governing information sharing.’ (Jacobson, et al, 381)Of course, over the last several years we’ve all come to realize some of the ramifications, a la the NSA. The assertions concerning warrants was also proven later to be a greatly minimized version of what the intelligence community and law enforcement were given latitude to cover without individual warrants. A representative of the intelligence community recently asserted that as we all have access to information that can cut across the world, we are all technically ‘suspects’ and therefore almost any warrant can be stretched to include the surveillance of any citizen inside the US or outside our borders. The most grievous and telling statement, in hindsight and with the last 13 long years behind us, is certainly this: ‘This bill was carefully drafted and considered. Led by the Members of Congress on this stage and those seated in the audience, it was crafted with skill and care, determination and a spirit of bipartisanship for which the entire nation is grateful.’ Politicians lie by necessity, but that statement contains not the least bit of truth. Ms.
Spaulding’s background and qualifications to comment on the USA Patriot Act are beyond reproach and not questioned by either party. Her criticism focuses most directly upon the sharing of information and the removal of the wall between what was formally accepted as a given withy that sharing- that there was a need to distance and prohibit the wall between law enforcement and intelligence entities, whether that be the CIA, the DIA, or the NSA. She elaborates, but the issue, while detailed and correct, boils down to the need for a separation between the information ostensible gathered in the ‘war on terror’ in all its guises, and the normal everyday law enforcement information
gathering. The USA Patriot Act was a farcical power grab by an administration with zero concern for the Constitution, the Bill of Rights or the ‘general welfare’ of the people of the United States. Jacobson, Fran. Konhaus, Tim. Wade, Scott. The Norton Mix, American Voices. W.W. Norton & Company, 2013. 379-383
Less than one week after the devastating terrorist attacks of September 11, 2001, the U.S.A. Patriot Act was introduced to Congress. One month later, the act passed in the Senate with a vote of 98-1. A frightened nation had cried for protection against further attacks, but certainly got more than they had asked for. Russell Feingold, the only Senator to vote down the act, referred to it as, “legislation on the fly, unlike anything [he] had ever seen.” In their haste to protect our great nation, Congress suspended, “normal procedural processes, such as interagency review and committee hearings,” and, “many provisions were not checked for their constitutionality, lack of judicial oversight, and potential for abuse.” Ninety-eight senators were willing to overlook key civil liberty issues contained within the 342 page act. The lone dissenting vote, Wisconsin Senator Russell Feingold, felt that our battle against terrorism would be lost “without firing a shot” if we were to “sacrifice the liberties of the American people.” Feingold duly defended American civil liberties at the risk of his career, truly exemplifying political courage as defined by John F. Kennedy.
The final version of the Brady Act requires mandatory background checks on individuals before a firearm purchase can be made from a federally licensed dealer, manufacturer, or importer, unless there is an exception. Section 992 (g) of the Brady Bill prohibits certain persons from shipping or transporting any firearm in interstate or foreign commerce, or receiving any firearm which has been shipped or transported in interstate or foreign commerce, or possessing any firearm in or affecting commerce. These prohibitions apply to any person who:
McCraw, David, and Stephen Gikow. “The End to a Unspoken Bargain? National Security and Leaks in a Post-Pentagon Papers World.” Harvard Civil Rights-Civil Liberties Law Review 48.2 (2013): 473-509. Academic OneFile. Web. 5 Dec. 2013.
Cole, D., & Dempsey, J. X. (2006). Terrorism and the constitution: sacrificing civil liberties in the name of national security. New York: New Press.
The Fourth, Fifth, Sixth, and Eighth Amendments are part of the Bill of Rights which includes the first ten Amendments to the Constitution of the United States. These rights apply to the citizens of our great country. The Fourth Amendment covers search laws and has a significant impact on law enforcement procedures. If these procedural rights are not followed, there can be devastating consequences to the outcome of a case.
When a giant explosion ripped through Alfred P. Murrah federal building April 19,1995, killing 168 and wounding hundreds, the United States of America jumped to a conclusion we would all learn to regret. The initial response to the devastation was all focused of middle-eastern terrorists. “The West is under attack,”(Posner 89), reported the USA Today. Every news and television station had the latest expert on the middle east telling the nation that we were victims of jihad, holy war. It only took a few quick days to realize that we were wrong and the problem, the terrorist, was strictly domestic. But it was too late. The damage had been done. Because America jumped to conclusions then, America was later blind to see the impending attack of 9/11. The responsibility, however, is not to be placed on the America people. The public couldn’t stand to hear any talk of terrorism, so in turn the White House irresponsibly took a similar attitude. They concentrated on high public opinion and issues that were relevant to Americans everyday. The government didn’t want to deal with another public blunder like the one in Oklahoma City. A former FBI analyst recalls, “when I went to headquarters (Washington, D.C.) later that year no one was interested in hearing anything about Arab money connections unless it had something to do with funding domestic groups. We stumbled so badly on pinpointing the Middle East right off the bat on the Murrah bombing. No one wanted to get caught like that again,”(Posner 90). The result saw changes in the counter terrorism efforts; under funding, under manning, poor cooperation between agencies, half-hearted and incompetent agency official appointees and the list goes on. All of these decisions, made at the hands of the faint-hearted, opened the doors wide open, and practically begged for a terrorist attack. So who’s fault is it? The public’s for being
September 11, 2001 was one of the most devastating and horrific events in the United States history. Americans feeling of a secure nation had been broken. Over 3,000 people and more than 400 police officers and firefighters were killed during the attacks on The World Trade Center and the Pentagon; in New York City and Washington, D.C. Today the term terrorism is known as the unlawful use of force or violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives (Birzer, Roberson). This term was clearly not defined for the United States for we had partial knowledge and experience with terrorist attacks; until the day September 11, 2001. At that time, President George W. Bush, stated over a televised address from the Oval Office, “Terrorist attacks can shake the foundations of our biggest buildings, but they cannot touch the foundation of America. These acts shatter steel, but they cannot dent the steel of American resolve.” President Bush stood by this statement for the United States was about to retaliate and change the face of the criminal justice system for terrorism.
Our nation seems as if it is in a constant battle between freedom and safety. Freedom and security are two integral parts that keep our nation running smoothly, yet they are often seen conflicting with one another. “Tragedies such as Pearl Harbor, 9/11 and the Boston Marathon bombings may invoke feelings of patriotism and a call for unity, but the nation also becomes divided, and vulnerable populations become targets,” (Wootton 1). “After each attack a different group or population would become targets. “The attack on Pearl Harbor notoriously lead to Japanese Americans being imprisoned in internment camps, the attacks on 9/11 sparked hate crimes against those who appeared to be Muslim or Middle Eastern,” (Wootton 1). Often times people wind up taking sides, whether it be for personal freedoms or for national security, and as a nation trying to recover from these disasters we should be leaning on each other for support. Due to these past events the government has launched a series of antiterrorist measures – from ethnic profiling to going through your personal e-mail (Begley 1). Although there are times when personal freedoms are sacrificed for the safety of others, under certain circumstances the government could be doing more harm than good.
Senator Feingold responded that “we will lose that war [on Terrorism] without firing a shot if we sacrifice the liberties of the American people.” It is now 2017, but Senator Feingold’s arguments from September and October of 2001 continue to pointedly remind the American people of the negative effects the Patriot Act had on American life and will continue to have moving forward. The heart of Feingold’s stance against the Patriot Act was the counter-productivity of it. The, “government of the people, for the people and by the people,” (Lincoln Online) would essentially trade liberties for security. Liberties the Founding Fathers deemed too innate to individuals to list. What purpose will “security” serve if there are no liberties left to defend? If the
Since September 11, 2001 many people can say that America has changed. Many people question if America has changed for the better or has it just gotten worse. Since the day those four planes crashed around the United States people’s lives have been changed. Many may not realize how their lives have changed, but with new laws passed life is different within America. The United States Patriot Act is one of the laws passed after 9/11: singed into order on October 26, 2001 just 45 days after the attack. The United States Patriot Act was put in place in order to protect Americans, yet has been affecting American’s civil liberties and caused controversy all over the United States.
... Sept. 11th, 2001, terrorist attack on theWorld Trade Center and the unreliability of U.S. intelligence onWeapons of mass Destruction in Iraq have been a focus of intense scrutiny in the U.S. in 2004 particularly in the context of the 9/11 Commision , the continuing armed resistance against U.S. occupation of Iraq, and the widely perceived need for systematic review of the respective roles of the CIA, FBI and the Defense Intelligence Agency. On July 9th, 2004 the Senate report of Pre-war Intelligenceon Iraq of the Senate Intelligence Committe stated that the CIA described the danger presented by Weapons of Mass Destruction in Iraq in an unreasonable way, largely unsupported by the available intelligence. In a briefing held Sept 15th, 2001 George Tenet presented the Worldwide Attack Matrix, a "top-secret" document describing covert CIA anti-terror operations in 80 countries in Asia, the Middle East, and Africa. The actions, underway or being recommended, would range from "routine propaganda to lethal covert action in preparation for military attacks". The plans, if carried out, "would give the CIA the broadest and most lethal authority in its history".
When one hears the words National Security and Privacy together the terms Snowden, NSA, and Patriot Act are often at the forefront of any discussions. It has become common knowledge that the way the United States deals with national security has changed. Since the implication of the Patriot Act in 2001, the way that the United States has dealt with security and antiterrorism issues has created a never ending fight with civil liberty groups regarding such laws being constitutional or not. Those civil liberty groups argue that such laws infringe upon the fourth amendment, imposing unwarranted searches on civilians who have shown no probable cause to endure such invasion. But the question remains: what is considered probable cause? While
The attacks on American soil that solemn day of September 11, 2001, ignited a quarrel that the grade of singular privacy, need not be given away in the hunt of grander security. The security measures in place were planned to protect our democracy and its liberties yet, they are merely eroding the very existence with the start of a socialistic paradigm. Benjamin Franklin (1759), warned more than two centuries ago: “they that can give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.” Implementing security measures comes at a cost both economically and socially. Government bureaucrats can and will utilize information for personal political objectives. The Supreme Court is the final arbitrator of what the ‘law is”, causing a lack of circulated rule. The actual leaders with political purposes jeopardize our individual privacy rights, liberties, and freedoms.
BENAC, N. (2011). National security: Ten years after september 11 attacks, u.s. is safe but not
BUSH, G. W. (2006). [Online] The War on Terror. Vital Speeches of the Day. Ebsco, Vol. 72 Issue 6 (3) p.162-164. Available from: web.ebscohost.com. [Accessed 29/10/2013]