10 Sep This really is a good example essay on ramifications of The Patriot Act.
Any opinions, findings, conclusions or recommendations expressed in this material are those for the authors and never necessarily reflect the views of LawTeacher.
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 concerns that are many whether it infringes from the civil liberties of those with this nation. Looking back in history, our past presidents developed laws that were the stone that is stepping the ideas that created the Patriot Act. The government’s job will be protect the social people, nonetheless it has a bigger job which can be to protect the world. This has raised issues that are many the Patriot Act and whether or perhaps not it really is more detrimental to us than it really is helpful. Pertaining to the Patriot Act and how it deprives those accused under it of Constitutional rights, the American people should be concerned with exactly how much power our government has when developing laws governing our civil liberties.
On September 11, 2001 the United States (US) experienced the unthinkable when terrorists attacked the nation on its own soil. This was a eye that is serious or must I say reality check for the US. The usa has some of the very sophisticated counter intelligence on the planet but was unable 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 just before 9/11.
This act was compiled from two documents, the Provide Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) from the House of Representatives (House) and the Uniting and Strengthening American (USA) Act from the Senate, was merged together creating the Patriot Act. Based on Lemieux, previous laws that are developed by previous presidents to eliminate conflicts were just like the Patriot Act they just had different names Lemieux, M. (n.d.). Reputation for the USA Patriot Act. Retrieved April 9, 2011, from http://www.constitutiondenied.com/Media/History-Patriot-Act.pdf. The Aliens and Sedition Act of 1798 was created throughout the pugilative war with France as the US was afraid when it comes to country as well as the people and wanted to ensure that the enemy did not sleep amongst us. The president was able to have anyone that was believed to be a threat to the government would be arrested and deported with this power. Throughout the Civil War the president suspended Habeas Corpus for the safety benefits of the nation, giving the us government the ability to imprison someone without sufficient evidence. During World War II, the President ordered over 10,000 American citizens which had not shown any disloyalty towards the United States into confinement camps because they were of Japanese descent 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. They are the stone that is stepping the introduction of the Patriot Act.
The Patriot Act came into existence as an answer to your tragic events of 9/11. The balance that will come to be referred to as Patriot Act was introduced to Congress just days after 9/11. It was revised because of concerns from many congressmen that the balance 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 October 26, 2001. Senator Russell Feingold (D-WI), would up being the only senator to vote resistant to the Patriot Act. Even though the Patriot Act would not come into existence until after 9/11, it can have roots in earlier legislation. On 25, 1996, President Clinton signed the Antiterrorism and Effective Death Penalty Act into law april. The bill because of this law was introduced after the Oklahoma City Bombing. The most important provision for the act made it illegal to produce support that is“material to any organization banned because of the State Department. The bill was greatly criticized by Republicans for granting way too much power to authorities. The bill had to undergo modifications that are major it had been passed in 1996. The balance that finished up law that is becoming reported to be a “watered down version” regarding the original that President Clinton wanted passed. Strangely enough, it had been this act that has been revamped and broadened to produce the Patriot Act (Creative Commons, n.d.).
Since becoming law, the Patriot Act has been highly criticized for being extremely broad and too open for interpretation. In 2004, a judge ruled that parts of the Patriot Act were unconstitutional simply because they were too vague plus in violation of the First and Fifth Amendments. Another criticism associated with Patriot Act is that it does not guarantee oversight that is enough make sure those that are given power by the act try not to misuse it. On March 9, 2006 President Bush signed the Patriot Act Reauthorization, but attached a signing statement in that he said that he would ignore specific mandates written in the balance that could give more judicial and Congressional oversight to agencies authorized utilization of the act. In late March, letters were written to Alberto Gonzales, the Attorney General at the time, requesting to have the administration rescind the signing statement since they don’t have force of law. In those letters, they cited Article 1, Section 7 regarding the Constitution which states that ‘Every bill which shall have passed the House of Representatives and the Senate, shall, if he approve he shall sign it, however, if not he shall return it. before it become a Law, be presented into the President associated with United States;’ Alberto Gonzales and President Bush both ignored the letters rather than responded. Their argument was that the president could not change legislation that were passed by Congress and say that he did not agree with that he would ignore part of it. On December 10, 2007, an appeals court upheld the 2004 ruling that components of the Patriot Act were unconstitutional. Into the ruling, the court stated that a statute must provide for a person of average intelligence to help you to read through and understand the law. They discovered that certain components of the act were too vague. They determined that then the average person would not know if they were committing a crime (Creative Commons, n.d.) if the law was worded in a way that the average person could not understand,.
Even though many believe that our threat that is terrorist from countries is great, there’s also driving a car of terrorist attacks on the US by its very own citizens. The Oklahoma City Bombing is a tragic example. In many cases, there was a need when it comes to government to suspect an American citizen and do surveillance to guard the country from another such tragedy. The us government happens to be espionage that is doing for longer than most people think. It’s not a new practice, but with the technology we have today, it is easier for authorities to gather intelligence. Despite the fact that they usually have this technology at their disposal that will not imply that the Constitution may be ignored when you look at the name of protecting the usa.
An example of the Patriot Act getting used in such a way is within the case of Jose Padilla.
He was a Puerto Rican born citizen who later inside the life changed into Islam. He traveled for the Middle East and custom writing allegedly plotted with al Qaeda terrorists to detonate a bomb” that is“dirty a US city. As soon he was detained as he stepped off a plane in the United States. The Bush Administration claimed which he might be detained despite the fact that he had been an American citizen because he previously been deemed an “enemy combatant” because of the president. He had been then held in a brig that is military three and a half years and was allegedly subjected to torture at the hands of US officials wanting to elicit information from him. At that moment, he had been not faced with any crimes although it was said there is overwhelming evidence against him. He was also take off from all communication along with his attorney and family(Martinez, 2007).