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The USA PATRIOT Act (Patriot Act) was established after September 11, 2001 (9/11) when terrorists attacked the usa.
The Patriot Act has raised many concerns about whether or not it infringes in the civil liberties of those of the nation. Looking back of all time, our past presidents developed laws that have been the stone that is stepping the ideas that developed the Patriot Act. The government’s job will be protect the people, however it has a more substantial job that will be to protect the nation. This has raised issues that are many the Patriot Act and whether or not it is more detrimental to us than it is helpful. With regards to the Patriot Act and just how it deprives those accused under it of Constitutional rights, the American people ought to be concerned with 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 united states on its own soil. It was a serious eye opener or do I need to say reality look 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 they see it coming? Plenty of thing will be different today if that question could half been answered just before 9/11.
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This act was compiled from two documents, the Provide Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) through the homely house of Representatives (House) additionally the Uniting and Strengthening American (USA) Act from the Senate, was merged together creating the Patriot Act. Relating to Lemieux, previous developed laws created by previous presidents to solve conflicts were like the Patriot Act they just had different names Lemieux, M. (n.d.). Reputation for the USA Patriot Act. Retrieved 9, 2011, from http://www.constitutiondenied.com/Media/History-Patriot-Act.pdf april. 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 plus the people and wished to ensure that the enemy would not sleep amongst us. Using this power the president was able to have anyone who was thought to be a threat to the government will be arrested and deported. During the Civil War the president suspended Habeas Corpus for the safety great things about the country, giving the us government the ability to imprison someone without sufficient evidence. The President ordered over 10,000 American citizens which had not shown any disloyalty towards the united states of america into confinement camps since they were of Japanese descent Lemieux, M. (n.d.) during World War II. History of the USA Patriot Act. Retrieved 9, 2011, from http://www.constitutiondenied.com/Media/History-Patriot-Act.pdf april. These are the stone that is stepping the development of the Patriot Act.
The Patriot Act has been around since as a reply towards the tragic events of 9/11. The bill that could come to be known as the Patriot Act was introduced to Congress just days after 9/11. It had been revised because of concerns from many congressmen that the balance allowed for too broad of a scope of power to federal authorities. Eventually following the bill was revised and reintroduced, Congress passed it with little to no opposition on 26, 2001 october. Senator Russell Feingold (D-WI), would up being the senator that is only vote against the Patriot Act. Although the Patriot Act would not enter 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 for this law was introduced following the Oklahoma City Bombing. The most important provision associated with the act managed to get illegal to produce support that is“material to your organization banned because of the State Department. The bill was greatly criticized by Republicans for granting power that is too much authorities. The bill had to undergo modifications that are major it absolutely was passed in 1996. The balance that ended up becoming law was reported to be a “watered down version” regarding the original that President Clinton wanted passed. Strangely enough, it was this act which was broadened and revamped to create the Patriot Act (Creative Commons, n.d.).
The Patriot Act has been highly criticized for being extremely broad and too open for interpretation since becoming law. In 2004, a judge ruled that elements of the Patriot Act were unconstitutional simply because they were too vague plus in violation associated with First and Fifth Amendments. Another criticism associated with Patriot Act is that it generally does not guarantee enough oversight to make sure that those who are given power by the act usually do not misuse it. On March 9, 2006 President Bush signed the Patriot Act Reauthorization, but attached a statement that is signing that he said that he would ignore specific mandates written in the balance that will give more judicial and Congressional oversight to agencies authorized utilization of the act. The Attorney General at the time, requesting to have the administration rescind the signing statement since they do not have force of law in late March, letters were written to Alberto Gonzales. In those letters, they cited Article 1, Section 7 of the Constitution which states that ‘Every bill which shall have passed the House of Representatives and also the Senate, shall, if he approve he shall sign it, but if not he shall return it. before it become a Law, be presented towards the President of this United States;’ Alberto Gonzales and President Bush both ignored the letters and never responded. Their argument was that the president could not change legislation that had been passed by Congress and say which he would ignore element of it which he did not agree with. On 10, 2007, an appeals court upheld the 2004 ruling that parts of the Patriot Act were unconstitutional december. Within the ruling, the court stated that a statute must allow for an individual of average intelligence to be able to read and comprehend the law. They found that certain elements of the act were too vague. They concluded 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 genuinely believe that our terrorist threat from other countries is great, there’s also the fear of terrorist attacks on the US by its very own citizens. The Oklahoma City Bombing is a tragic example. In some instances, there was a need when it comes to government to suspect an American citizen and do surveillance to protect the united states from another tragedy that is such. The government happens to be doing espionage work for extended than many people think do my homework. It is really not a practice that is new however with the technology we now have today, it really is easier for authorities to get intelligence. And even though they will have this technology at their disposal that will not imply that the Constitution could be ignored within the name of protecting the usa.
One example associated with Patriot Act getting used this kind of a way is within the case of Jose Padilla.
He was a Puerto Rican born citizen who later in the life converted to Islam. He traveled through the entire Middle East and allegedly plotted with al Qaeda terrorists to detonate a bomb” that is“dirty a US city. As soon while he stepped off a plane in the United States he had been detained. The Bush Administration claimed though he was an American citizen because he had been deemed an “enemy combatant” by the president that he could be detained even. He was then held in a military brig for three . 5 years and was allegedly subjected to torture at the hands of US officials wanting to elicit information from him. At that moment, he was not faced with any crimes although it was said there clearly was evidence that is overwhelming him. He had been also take off from all communication together with attorney and family(Martinez, 2007).