Legal Issues with the USA Patriot Act

Paper Summary:

This paper discusses the legal issues associated with the USA Patriot Act of 2001. The paper provides a background and history to the Act and how it has been used by federal law enforcement authorities, specifically in ways that have absolutely nothing to do with terrorism or homeland security. The paper focuses on the potential for the Patriot Act to erode constitutional rights.

Table of Contents:
Introduction - Background and History
Major Legal Issues
The Patriot Act in Use
Conclusion

From the Paper:

"The problem is many of the provisions of the Patriot Act were actually drafted long before September 11, 2001, and had previously been rejected by Congress precisely because they violated established principles of constitutional law defining the limits of governmental surveillance of citizens for the purpose of law enforcement and prosecution. For example, the Federal Bureau of Investigation (FBI) and other components of the Department of Justice (DOJ) had previously sought certain types of "roving" wire taps in criminal investigations which were denied because they were considered too broad to satisfy constitutional protections (ACLU 2008). The Patriot Act authorizes those taps on the basis that terrorists often move too often to permit a effective surveillance of any specific location or telephone carrier."

Sample of Sources Used:

• Cloud, John. The Reckless Rise and Sordid Fall of Elliot Spitzer; Time Magazine. (March 24, 2008)
• Lichtblau, Eric. Patriot Act Goes Beyond Terror; The New York Times. (September 28, 2003).
• McClenaghan, William, A. (2004) Magruder's American Government. Pearson - Prentice Hall.
• Reform the Patriot Act, retrieved March 28, 2008 from the American Civil Liberties Union website, at: http://action.aclu.org/reformthepatriotact/
• U.S. Department of Justice. (2004) Report from the Field: The USA PATRIOT Act at Work.

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