Abstract
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)"

Tags:national, security, democracy, terrorism, surveillance, powers, surveillance, powers, civil, liberties

Abstract
The tragedy of 9/11 is the most recent case in point of how a nation can take its freedom and liberty for granted, which ultimately allows others to tear down that which has taken over 200 years to build, protect, and defend. This paper shows that the Patriot Act of 2001 undoubtedly faces numerous legal challenges in the upcoming months and years. While the issue of protecting the nation cannot be forgotten in the aftermath of 9/11, neither can the lessons learned from the Alien and Sedition Acts, nor the tragic mistake of interning thousands of Japanese-Americans under no more than suspicion and bigotry. The paper explains that the challenge of defending a nation from outside aggressors is simple when compared to the problem of defending the nation from those who would attack it from within.

From the Paper
"Under the Patriot Act, the FBI needs only to certify to a FISA judge that the action is based on investigating terrorism. There remains no need for evidence of a crime, or probable cause, only that the search is designed to protect against terrorism. Under the Act, the judge has no authority to reject this application. While the Department of Justice (DOJ) calls this "seeking a court order," in application it is much closer to a rubber stamp. In the pragmatic application of the Act, the target of a search needn't be a terror suspect himself, so long as the government's purpose is "an authorized investigation ... to protect against international terrorism." (Lithwick and Turner, 2003)"

Tags:FISA, Section, 215, FBI, Jefferson

Abstract
This paper looks at the "ideological exclusion" provision of the Patriot Act and argues that it is an indefensible assault upon the First Amendment rights of American academics who wish to peacefully assemble with individuals from other lands who have (often for specious reasons) been deemed by the U.S. government as undesirables. The paper presents the arguments in favor of the U.S. government's policy and also the constitutional rebuttal which trump all of them.

From the Paper
"To begin with, the Patriot Act's "Ideological Exclusion" provision is an assault upon the First Amendment in the sense that it discourages Americans from hearing speech that is supposed to be under this important part of the Constitution. To elaborate a little further, even though Professor Ramadan is not a US national, by preventing him from speaking in America, the First Amendment rights of Americans who wish to confer with him and who wish to hear what he has to say are compromised. This argument can be elaborated even further. To wit, the First Amendment of the United States Constitution explicitly ..."

Tags:patriot, act, exclusion

Abstract
The paper reveals that the United States Patriot Act of 2001 is viewed as the "most controversial act passed by Congress in modern history". The paper explains that this is is because the Patriot Act allows government and law enforcement to have greater power over society and those within society to have less privacy, as provided for under the United States Constitution. The paper further explains that its purpose was to ensure that the freedom with which terrorists operated in the nation prior to 9-11 would not again threaten the country through new terrorist forces, and, the President and Congress believed that by infringing on some rights of Americans at times, there would be less of a chance that another 9-11 would occur. The paper explores these two opinions in order to recommend solutions to this issue.

From the Paper
"The United States Patriot Act of 2001 is viewed as the "most controversial act passed by Congress in modern history" (Abdolian & Takooshain, 2003, p. 1429). This is because the Patriot Act allows government and law enforcement to have greater power over society and those within society to have less privacy, as provided for under the United States Constitution, according to Abdolian and Takooshain (2003) (p. 1429). Yet, the Patriot Act was created in response to the terrorist attacks on September 11, 2001. Its purpose was to ensure that the freedom with which terrorists operated in the nation prior to 9-11 would not again threaten the country..."

Tags:patriot, act, pros

Abstract
This is an essay in favor of the USA Patriot Act of 2001. It reviews the provisions of the act title by title, and compares arguments against the USA Patriot Act as infringing upon civil liberties to actions taken in the past by the federal government. It compares the USA Patriot Act to the Alien Sedition Acts of 1798, suspension of habeas corpus by President Lincoln, the Sedition Act of 1918, and the internment of US citizens during WWII.

From the Paper
"This paper shall put forward arguments in favor of the USA Patriot Act of 2001. It will show that the primary thrust of the Act is to make existing laws apply to terrorists and their supporters. The cause for alarm or threat of the loss of civil liberties is unfounded. It will compare the provisions of the Act to actions taking previously by the Federal Government in times of crisis, and the real assault that civil liberties had taken in the past. The Alien Sedition Acts of 1798, suspension of habeas corpus by President Lincoln, the Sedition Act of 1918, and the internment of American citizens by President Roosevelt during World War II..."

Tags:terrorism, patriot act, necessary

Abstract
The paper gives a brief legislative history of the Patriot Act. The paper then addresses three advantages and three disadvantages of the Act but takes the position of being opposed to the Act. The paper argues that the Patriot Act erodes civil liberties, has little oversight and does not have a plan for utilizing information.

From the Paper
"The US Patriot Act, despite its advantages in addressing terrorist threats, is a controversial piece of legislation that challenges bedrock judicial and constitutional principles and undermines our foundational democratic values. The Patriot Act, which became law in 2001, seeks to consolidate and liberate law enforcement power from constraints in the investigation and apprehension of suspected terrorists. The Act does not create a new enforcement agency but rather unifies existing agencies in the aim of the investigations and facilitates their abilities to share information. The Patriot Act, as with any piece of legislation, presents..."

Tags:patriot act, civil liberites, fisa

Abstract
This paper shall explain the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism" (USA PATRIOT) Act of 2001 and its subsequent USA PATRIOT Improvement and Reauthorization Act of 2005. The paper outlines how these are very complex pieces of legislation covering a wide range of surveillance activities, transfer of fund monitoring , criminal code revisions and other provisions aimed at preventing a repeat of the attacks of September 11th, 2001. The paper discusses how these Acts are not without their detractors and those that feel they are a threat to civil liberties, as well as the proponents that look to the failure of the perpetrators to revisit their destructive goals upon the citizens of the United States.

Tags:patriot act, reauthorization, social worker

Abstract
The paper discusses how in the period following the 9/11 attacks on the World Trade Center and the Pentagon, terrorism became a much more important issue, and stopping terrorism became a priority. The paper explains that the Patriot Act was passed in response to a request by the Bush Administration as a way to reassure the public and to fight terrorists in as many ways as possible. The paper discusses how the Patriot Act would be the primary legislation designed in part to correct perceived lapses in law enforcement by filling holes in security, by stopping terrorists from getting the funding they need, and by altering certain laws in order to make the job of law enforcement easier in terms of fighting terrorism.

From the Paper
"In the period following the 9-11 attacks on the World Trade Center and the Pentagon, terrorism became a much more important issue, and stopping terrorism became a priority. The Patriot Act was passed in response to a request by the Bush Administration as a way to reassure the public and to fight terrorist in as many ways as possible. The Patriot Act would be the primary legislation designed in part to correct perceived lapses in law enforcement by filling holes in security, by stopping terrorists from getting the funding they need, and by altering certain laws in order to make the job of law enforcement easier in terms of fighting terrorism."

Tags:patriot, act, terrorism

Abstract
This paper discusses the Libertarian Party and its negative view of the Patriot Act. The paper reviews Libertarianism's intellectual underpinnings, the Libertarian party position, as well as the recent history including judicial decisions of the USA Patriot Act and considers the views of the Lyndon LaRouche, the leader of the Libertarian Party.

From the Paper
"There is little doubt that the Patriot Act has stirred a great deal of debate in recent years. The following paper will briefly outline the libertarian view of the Patriot Act by first discussing what the libertarian political ideology and what the position of the party is vis-?vis the Act. The paper will also look at the history of the Act (specifically focusing on some key federal court rulings about it) and examine some current Federal Court cases which center upon the Act's provisions. The paper will also detail some controversies surrounding the Patriot Act and will cite some of the chief actors within libertarian party ranks who have spoken out on the subject of the Patriot Act. The paper will also identify the committees in the House and Senate who hold hearings on the Act and what appears likely to..."

Tags:patriot, act, controversy

Abstract
This paper examines how opinions concerning the rights of citizenship have been voiced since the founding of the United States with issues such as civil rights, whether they be Native American, African-American, women, or educational rights. It looks at how ,since September 11, 2001, new opinions have emerged concerning the preservation of the Bill of Rights by the many who fear that laws such as the Patriot Act will erode the rights of citizens. It shows how debates about citizenship help us to better understand the dynamics of Constitutional development within American history because the debates begin at the grassroots level of society. It reviews some famous cases throughout American history that have challenged the definition of who is a citizen.

From the Paper
"In Dred Scott v. Sanford, 1857, discussed the question of citizenship and the Fifth Amendment (Supreme pg). Dred Scott was a slave who was taken by his owner, Sanford, into northern federal territory and felt that he was free due to the Missouri Compromise of 1820, which excluded slavery from sections of the U.S. territories, thus, when he came back to Missouri, Scott sued Sanford for his freedom (Supreme pg). The Court ruled that slaves were property, not citizens and therefore Scott was not entitled to use the courts (Supreme pg). Focusing on the rights of the owner, the Court declared that slaves had no rights and that freeing Scott would be in violation of the Fifth Amendment because it would deprive Sanford of his property without due process of law and moreover declared that the Missouri Compromise was unconstitutional (Supreme pg). "

Tags:constitutional, development, fifth, amendment, bill, rights, patriot