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..."
Abstract In this article, the writer notes that the U.S. Patriot Act was passed in haste following the terrorist attacks on the U.S. in 2001. The writer points out that the act was reauthorized and amended in 2006. The writer claims that in its urgency, the United States Congress, fueled by extremely fearful times and the mushrooming nationalism spawned by those fears, appears to have launched its own attack on the United States Constitution in order to provide the legal clout needed to avoid another attack. This paper reviews the literature surrounding the Patriot Act's intrusion into the Constitution. The writer provides a review of the issues and the amendments and looks at how the Patriot Act conflicts with those amendments.
Outline:
Introduction
Bill of Rights, Amendment IV
Background on Fourth Amendment
Generalizations
The Patriot Act Specifics and Generalizations
Senator Russell Feingold: The only U.S. Senator to Vote against the Patriot Act in 2001
Sixth Amendment
Generalizations about the Patriot Act, the Loss of Privacy, the Digital Technology Implications and the Fourth Amendment
Librarians Concerns about the Patriot Act
From the Paper "A recent research piece in the Brigham Young University Law Review asserts that, to begin with, there are problems for 21st Century individuals involved in justice and law enforcement. Quite apart from Patriot Act considerations, the Fourth Amendment is tricky. That is because, Minert writes, the language in the Fourth Amendment "is inherently ambiguous." Indeed the Amendment forbids "unreasonable searches and seizures" and it certainly does not outline parameters for how a proper search warrant should be given to law enforcement by courts."
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)"
Abstract This paper criticizes big corporations' use of the current wartime situation as a means of profit, by applying for large grants on the grounds of patriotism from a government already deep in deficit. By claiming patriotism, companies receive government rebates, untaxed contracts, tax subsidies and tax cuts saving them billions of dollars. Much of the money goes straight to the companies, yet never reaches the people it is actually intended to help: employees and citizens in need. The paper concludes that the ones who suffer most from "corporate patriotism" are the true patriots, the parents of sons and daughters who are risking their lives in the name of patriotism overseas.
From the Paper "During the Reagan Administration, corporations witnessed the birth of the AMT, Alternative Minimum Tax. The tax keeps profitable organizations from evading taxes through various loopholes. Corporations take advantage of the loopholes but are left with the AMT to pay. In recent times, corporations have found their own way to prove their patriotism to the nation. They are using the current wartime situation as a means of profit. While most Americans waved the flag after the terrorist attacks of September 11, 2001, corporations took advantage of the mass confusion to gain aid (Nader)."
Abstract In this article, the writer notes that, following the events of September 11th, the Patriot Act was developed in an effort to prevent further terrorism from occurring. The writer then argues that the nature of the Patriot Act has been called into question because of concerns that the Act interferes with the civil liberties of Americans. The purpose of this discussion is to expound upon why the Patriot Act interferes with the Civil Liberties afforded Americans via the Bill of Rights. The writer concludes that the Patriot Act is unconstitutional and should be amended to ensure that the civil liberties of persons living in America are not violated.
Outline:
Introduction
The Patriot Act and Civil Liberties
Conclusion
From the Paper "There are several factors that contribute to the Patriot Act's infringement upon civil liberties. The primary problem with the Patriot Act involves the right to privacy. Under the Patriot Act, the federal government is given the right to search medical records, tax records, and even the books that an individual borrows from the library. In addition, the government also has the ability to conduct surveillance without permission. The government can also conduct secret searches of your home without telling you. All of these aforementioned invasions of privacy can occur under the patriot act without probable cause.
"These policies established by the patriot act are a direct contradiction with some of the statutes that were established in the Bill of Rights."
Abstract The paper defines the Patriot Act and addresses the measurements of the conditions that the policy addresses. Then, the paper analyzes the execution of the Act and assesses the effectiveness of the policy. Subsequently, the paper presents an analytical framework, which advocates the restructuring of the present policy. Hereafter, the paper identifies and highlights the policy makers and assesses their relative importance in policy-making. The paper also identifies non-governmental organizations and segments of the public to which these policymakers must listen in order to be successful in the implementation of the policy, as well as to stay in office. Lastly, the paper identifies and assesses the constraints on achieving the policy objectives that are presented by clientele opinion, the courts and the agencies? staff, rules, and culture.
Outline
Definition of the Law
The USA Patriot Act
Implementation of the Patriot Act
Restructuring the Patriot Act
Significance of Various Policy Makers
Constraints on the Implementation of the Policy
Conclusion
From the Paper "The second millennium acquired a ruthless setback when it was shocked by the terrorist attack of September 11, 2001. The attack was unparalleled and extraordinary in many ways; it was huge, unforeseen, slyness, vicious, as well as shocking. For millions of Americans, it signified a depressing new world order for the days in front, where even the most protected society might be infiltrated and devastated by a small band of strong-minded zealots. The anthrax deaths later that September simply added to people's thoughts of susceptibility. It is no surprise that barely six weeks afterwards, on October 26, 2001, President George W. Bush quickly authorized into law the USA PATRIOT Act, by all dealings one of the most comprehensive, as well as contentious acts in United States history, proposed to spectacularly augment government powers of inquiry and enforcement, many would quarrel at the cost of individual liberties. The compound, as well as courageous 342-page Act had been quickly approved by overpowering majorities in the U.S. Senate (98-1), as well as House (357-66), devoid of public considerations or discussions, albeit the Act resembled segments of the Antiterrorism Act of 1996, which had previously been lined unconstitutional by federal courts (unknown2002b)."
Abstract This paper discusses the Patriot Act of 2001. The paper explains that the act was passed in order to unite and strengthen the United States of America by providing all the appropriate and the necessary tools with which to fight terrorism. The paper debates the benefits and disadvantages of the Patriot Act and concludes that it provides an effective tool to fight against terrorism and that it should maintain peace in the United States.
Outline
Introduction
The 9/11 Attack
The Patriot Act
Title II of the Patriot Act
Possible Sequel to the Act
Pros and Cons
Conclusion
From the Paper "The attack was carried out on September 11, and this was the first time that a foreign force had succeeded, and very well so, in attacking the mainland of the USA, since the year 1814, when the famous war between Great Britain and America was fought, called the British-American War. The terrorist attack left more than 3,000 innocent persons dead, a toll that in fact exceeded that of the number of dead during the attacks on Pearl Harbor carried out by Japanese on American troops posted in Hawaii in the year 1941, and that in fact led to the entry of America into the Second World War in 1941. The strategy of the terrorists was to at first hijack four commercial airliners that were at the time of the attack filled up with jet fuel, nearly 24,000 gallons. (September11 2001, Terrorist Attacks) Once this was carried out, the flights became literal flying bombs, and two of these aircrafts were rammed into the two 110 stories high towers of the World Trade Center (World Trade Center) located in the city of New York, one flight onto the Pentagon in Virginia, (The Pentagon) and the fourth one crashed into an open field in Pennsylvania."
Abstract The USA Patriot Act, which is an acronym for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism, was enacted, by the United States Congress, following the terrorist attacks of September 11th. The paper argues that equilibrium needs to be met between the protection of a nation and protection of the individual's rights, and the Patriot Act does not fulfill that requirement.
Paper Outline:
Overview of the Patriot Act
The Patriot Act as a Violation of Civil Rights and Constitutional Amendments
Conclusion
From the Paper "The ACLU has stated that they believe that the Justice Department has mislead Americans into the true nature of the Patriot Act. This is in response to a website that was created by the Justice Department, in 2003. The ACLU, in their report, notes that despite the DOJ's claim that the Patriot Act can only be used to obtain business records, via Section 215, that in fact, the FBI can obtain 'any tangible thing'."
Abstract The paper argues that the US Patriot Act violates many of the basic human rights of individuals and makes Americans less secure than ever before. The paper illustrates its point with many examples that show how the Patriot Act has resulted in violations against the civil rights of U.S. citizens and against the Constitution. The paper concludes that while the USA Patriot Act increases security in some areas, it has greatly reduced the security of Americans in many other areas of their lives.
Outline:
Introduction
Statement of Thesis
The Argument
Troubling Provisions of the USA Patriot Act
Civil Rights Violations
Summary and Conclusion
From the Paper "Following the events of September 11, 2001, legislation has occurred which has ludicrously removed the rights of citizens instead of serving to bolster and support citizen's rights in the United States. Furthermore, while the leaders of the United States are speaking of 'safety and security' the reality is that at no other time in history has the rights, safety and security of American citizens been so greatly compromised. The USA Patriot Act was passed in its first form in the "Uniting and Strengthening American by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism' act six weeks after the events of September 11, 2001." (Wronkiewicz, 2002, p. 1) One result of this is related in the work of Wronkiewicz who states that resulting from the USA Patriot Act is what is termed a "tense position" for the library community in its role as "guardians of intellectual freedom." (2002, p. 2) "
Abstract This paper takes a look at the policy of the Patriot Act, which gives the United States law enforcement agencies the power to intercept and obstruct terrorism by making it possible to conduct surveillance, check on immigration, and many other matters, without consideration for the right to privacy.
Contents
Introduction
Contents of the Patriot Act
Sunset provisions in the Patriot Act
Desired results of the proposed course of action
External impact on government and society
Likely outcomes
Alternative ways to achieve social good
Conclusion
From the Paper "Terrorist attacks against the American way of life and interests are an ongoing conflict that has effected American citizens in many nations from Libya to Iran to Afghanistan and beyond but the attack on the World Trade Center on September 11, 2001 took place within the US and challenged the US sovereignty causing the authorities finally to take action in the form of preventative measures [Poynder 2003]. These measures took the form of the Patriot Act passed by Congress giving the US authorities and law agencies the powers necessary to conduct surveillance, immigration checks, banking checks etc in order to locate and eliminate any suspected terrorist threat."
Tags: terror, afghanistan, iraq, war, bin, ladin, osama, world, trade, center, fbi, cia
Abstract The paper examines the controversy of the Patriot Act and answers many of the myths claiming that it infringes on people's civil liberties. The author discusses how this law has been a vital tool in helping to fight terrorism. It shows how, previously, governments agencies did not work together to share information and now, as a result, of the Patriot Act, agencies are exchanging information, which is key to preventing terrorist attacks. This paper, therefore, argues that, although certain sectors of the population may feel that the Patriot Act affects their civil rights, in general, the Act assists in protecting the country.
From the Paper "One of the most vocal critics of the Patriot Act is the American Civil Liberties Union (ACLU). Their biggest objection of the Act is to Section 215, which permits agents to seek business records by showing a judge that this information is required to help a terrorism investigation. Under Section 215 the FBI does not have to show probable cause of wrongdoing to obtain a warrant, as is required in other criminal cases. The ACLU contends that Section 215 is unconstitutional because it gives the FBI the ability to spy on and track everyday protest groups such as the National Rifle Association, Operation Rescue and Greenpeace, simply because they can be considered domestic terrorism groups."
An analysis of the Patriot Act, which was passed in the wake of the 9/11 terrorist attacks and gives sweeping powers of search and surveillance to the law enforcing agencies.
Abstract This paper discusses the controversy that still surrounds the Patriot Act and examines its impact on the law enforcement agencies and the Fourth Amendment. The USA Patriot Act, which was signed as law in the wake of the 9/11 terrorist attacks, gives sweeping powers of search and surveillance to the law enforcing agencies and is aimed at eliminating the terrorist activities in the U.S. The Department of Justice and the Bush administration claim that the Patriot Act has been instrumental in preventing further terrorist attacks in the U.S. after 9/11. However, the civil libertarians claim that the Act severely compromises the civil liberties granted in the U.S. Constitution and violates the due process law of the Fourth Amendment.
From the Paper "The Bush administration and the US Department of Justice insist that the Patriot Act is not aimed at restricting civil liberties and consists of only modest, incremental changes in the law in order to preserve the lives and liberty of the American people from the challenges posed by a global terrorist network. The Department of Justice Website claims that following its passage, the Patriot Act has played a key part in a number of successful operations to protect innocent Americans from the deadly plans of terrorists. (The USA PATRIOT Act: Preserving Life and Liberty, 2003) Others such as the American Civil Liberties Union (ACLU) beg to disagree and denounce the defense of the Act by the government as misleading and dishonest. Their main worry is that the expansion of police powers and the reduction of personal privacy do not make Americans any safer from terrorists - it only allows the government to interfere with the privacy of its citizens."
Abstract This paper analyzes the implications and consequences of the Patriot Act signed and approved as law by President Bush on October 26th, 2001, following the terrorist attack of September 11th. The paper explains the purpose of the Patriot Act as well as the measures provided for under the Act for meeting this purpose. The paper also discusses the threat to civil rights and liberties imposed by the Patriot Act, pointing out that, while the American government may use this Act to fight terrorism in a more effective manner, it will cost Americans a lot in terms of loss of civil liberties and personal rights.
From the Paper "One of the worst, yet momentous events in U.S history occurred on September 11th, 2001. This event released a flow of patriotic fervor and a permanent fear among all Americans that they had also now become suspect to acts of international terrorists. This led to a lot of changes in the attitudes of the executive and legislative branches in the United States government. They came up almost immediately with new measures, which were supposedly against terrorism or terrorist threats. One of the principle acts passed by them was called "Uniting and Strengthening America by Providing Appropriate Tools Required to intercept and Obstruct Terrorism Act of 2001," also called the USA Patriot Act. This was signed and approved as law by President Bush on October 26th, 2001. This act is one of the most sweeping acts passed in the history of modern America. The Act affects the civil liberties of the citizens of USA and even non-citizens who are residing in America on a regular basis."
This paper, presented by the writer as a talk-show interview, focuses on the pros and cons as well as the controversy surrounding the U.S.A. Patriot Act.
Abstract This paper details the events that led to the U.S. government's implementation of the U.S.A. Patriot Act. The writer discusses America's aggressive approach to combating terror post 9/11 and its resulting impact on one's personal privacy and individual rights. The writer analyzes the security measures conceded to the U.S. government by the uniting and strengthening of America by providing appropriate tools required to intercept and obstruct terrorism, better known by its acronym the USA Patriot Act. This paper delves into the hotly debated controversy surrounding the government's strict regulations pertaining to immigration, security and individual profiling amongst other issues pertaining to this particular topic. The writer contends and explains how and why the Patriot Act infringes on one's personal civil liberties while giving the government the right to violate a citizen's right to privacy.
From the Paper "Where are we to draw the line between these civil liberties that we hold so dear as a nation and the need to protect our nation against the insidious threat of terrorism, which can be perpetrated by one motivated individual? Logically, it makes sense to examine more closely the lives of individuals who fit a set profile of known terrorists, much in the manner that investigators can profile rapists or serial killers; if prior cases involved a white male in his twenties, no one will scream profiling when the police more closely investigate young white males. However, cases about terrorism where police investigate individuals who are fundamentalist Muslims, the religious group known to have produced the September 11 terrorists, are an almost immediate cry of "racial and religious profiling." Claims of racial profiling are complaints against what is an established police investigation method and are a last resort by accused individuals to divert attention away from their crimes and toward a more favorable outcome."
Abstract While many understand patriotism as a positive thing, others see it in a negative light. This paper deals with the various views on patriotism which cannot easily be tied down to a single meaning. The central argument of the essay is that the real meaning of patriotism has more to do with culture and social identity and is essentially a positive aspect in our modern world.
From the Paper "However, as many commentators point out, there is always a danger that patriotic feelings will be used by political leaders and governments for nationalistic purposes and to extend or increase political power through force. While, in my view, there is nothing wrong with cultural patriotism and a pride in one's identity and social community, the danger always exists that patriotism may develop into a type of aggressive nationalism and jingoism. In China there are also fears that cultural patriotism is being affected and possibly changed into a form of nationalism."
