The Patriot Act: A Constitutional Challenge

Paper Summary:

The paper reviews the reasons behind the Patriot Act's formulation and passage into law in order to explain why millions of Americans were willing to cast the Constitution aside in the name of national security. The paper explores the critical responses to this Act and the Constitutional challenges it presents. The paper strongly contends that
Constitutional challenges to the Patriot Act should be intensively pursued and asserts that this Act is a travesty of democracy. A large amount of source material is appended to the paper.

Outline:
Introduction
Background and History of USA Patriot Act Origination
Critical Responses to Patriot Act
Content and Implications of Patriot Act
Reasons for Constitutional Challenge
Content of 8 USC 1182
Amendment Issues
Case Law Discussion
Implications of Future Terrorist Attacks
Recommendations
Conclusion

From the Paper:

"In stating the problems presented by the USA Patriot Act and in examining its background, it is necessary to review the reasons for its formulation and passage into law, for they explain why millions of Americans have been willing to cast the Constitution aside in the name of national security. This Act emerged into the national consciousness just eight days after the al-Qaeda terrorist attacks on the Pentagon and the World Trade Center, when the Bush Administration made a legislative proposal that has become known as the USA Patriot Act. (Balkin)"
"Critics contend that the proposal was not the product of a carefully considered examination of the failures and deficiencies of the American law enforcement and intelligence agencies that allowed the attacks to succeed, but was little more than a collection of questionable old conservative agendas that were taken off the shelf and introduced by the Bush Administration in the form of vital new powers the federal government needed to protect the United States from terrorism. (Brunswick)"

Sample of Sources Used:

• "Ashcroft To Appear Before House Panel on Patriot Act." CNN.com. May 22, 2003. Online. Available: http://www.cnn.com/2003/LAW/05/22/ashcroft.patriot.act/. 10 July 2003.
• Balkin, Jack. "USA Patriot Act" A Dreadful Act II." The Los Angeles Times, February 13, 2003.
• Brunswick, Cary. "Stand Up Against Patriot Act." The Daily Star, July 13, 2002.
• Cassel, Elaine. "ANTI-TERRORISM'S LENGTHY HISTORY AND CURRENT ABUSES: A Review of Terrorism and the Constitution." FindLaw.com. Online. Available: http://writ.corporate.findlaw.com/books/reviews/20021011_cassel.html. 28 November 2003.
• Ewing, Alphonse. The USA Patriot Act. New York: Nova Science Publishers, 2003.

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