THE PATRIOT ACTS

EFFECTS ON AMERICA

Liberty in Jeopardy

Damien Enzenbacher

James Marinelli

English 104

April 24, 2011

"Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety” (Franklin, Benjamin).

Government Infringements on Civil Liberties Prior to September 11, 2001

John Adams: Alien and Sedition Acts of 1798

Abraham Lincoln: Suspends the Writ of Habeas Corpus in 1862

Woodrow Wilson: Sedition Act of 1918

Franklin Delano Roosevelt: Internment of German and Japanese During World War II

Pendulum Swings between Liberty and Security

9/11

On September 11, 2001 nineteen Al Qaeda terrorist hijacked four planes. They intentionally crashed two planes into the World Trade Center, one into the Pentagon and one went down in a field in Shanksville Pennsylvania, after the passengers fought the terrorist.

Nearly 3,000 innocent Americans died that day, including many heroic firefighters and police officers.

For most Americans that day impacted the rest of our lives.

History of the Patriot Act

After 9/11, there was a public outcry for the government to protect us, and they responded with The Patriot Act.

This legislation is officially called “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism.

The Patriot Act passed both houses of congress and was signed by the president in just over a month.

At the time of its passage, even many key legislators seemed to have little idea of the laws governing electronic surveillance, both before the Patriot Act and after it was passed.

History of the Patriot Act Continued

Certain components of the Patriot Act were necessary for the protection of the American People from foreign and domestic threats. However, certain components of this Act went too far in breaching the trust of the American People.

Patriot Act vs. Bill of Rights

The Patriot Act infringes upon the fourth amendment, which pertains to unlawful search and seizures.

Another potential abuse of civil liberties by the government is the detainment of material witnesses and terrorist suspects, without due process. (6th amendment)

Also the Right of Privacy is attacked by the Patriot Act. While not expressed in the constitution, it was established by numerous court cases.

Mayfield Affair

An Oregon lawyer, named Brandon Mayfield became a suspect of the Federal Bureau of Investigations because of a systematic error with fingerprints on a duffle bag.

This information linked him to the bombing in Madrid which occurred on March 11, 2004.

On May 6, 2004, Mayfield was arrested and subjected to highly invasive interrogations and held as a material witness for two weeks before he was exonerated.

Mayfield Affair Continued

An article by Sylvia Engdahl explains that this happened, “through the increased use of classified, and less exacting foreign intelligence surveillance authority in place of traditional criminal warrants.”

Criticism of the Patriot Act

National Security Letters are a controversial issue that is widely debated. They are issued by law enforcement agencies, and they can request financial records, phone numbers, emails, and posted mail.

Less than 48 hours passed between the presentation of the Patriot Act’s final draft and the law passing in both houses of Congress.

Critics state that The Patriot Act unfairly increases the powers of the executive branch, and strips away many fundamental checks and balances.

Further Criticism of the Patriot Act

The lack of judicial review, secretive reviews, and subjecting those who receive National Security Letters to strict gag orders are the important elements of this criticism.

Support for the Patriot Act

The Department of Justice stated, that the Patriot Act disrupted 15 terrorist plots.

The use of roving wiretaps, expanded surveillance authorization, delayed-notification searches, and interagency information sharing as crucial to the anti-terrorist mission

Brings the wall between intelligence agencies and criminal investigative agencies down, this wall prevented these agencies from working together.

Allows these agencies to share information and analyze massive amounts of data quickly.

Veterans Are Suspects of the Patriot Act

Surprisingly a memo released by The Department of Homeland Security stated, that returning military veterans were suspect.

Due to their combat skills and experience, veterans are attractive to right-wing extremists.

Right-wing extremists will attempt to recruit and radicalize veterans in order to boost their originations violent capacities.

*If even veterans are suspects of possible terrorism, then all Americans could be possible suspects!

Other Suspects of the Patriot Act

Protesters who resist arrest.Suspects of crimes who refused to give their D.N.A. to

investigators.Anti-abortion Groups.Anti-immigration Groups. Organizations that Support Smaller Government like the

Tea Party.

Patriot Act II

Planned after first Patriot Act was signed by President George W. Bush.

Admiral Poindexter proposed the (TIA) program.TIA creates a database to build profiles of all Americans,

which would include credit reports, employment history, and bank records.

Congress warned President not to implement it against American Citizens.

The warning was disregarded, and Patriot Act II was drafted by Attorney General Ashcroft and his staff.

Patriot Act II Continued

DNA would be put into a “Terrorist Identification Database.

You would not have to be a suspected terrorist, just knowing or associating with someone suspected of terrorism would be enough.

Is it Possible to Balance Security with Freedom

After 9/11 there was an obvious hole in national security. Intelligence Agencies need to be able to share information

not only with each other but criminal investigation organizations such as the F.B.I.

However, the infringements of the government upon civil rights and liberties is dangerous and inexcusable.

It is possible for the government to safeguard these rights while also keeping the American People safe.

Summary and Conclusion

9/11 changed America, we became aware of how vulnerable our country was to attacks.

Americans demanded that the Government prevent another terrorist attack.

The Government responded almost unanimously and with unusual speed and presented the Patriot Act.

It allowed intelligence agencies and investigative agencies to work together, and share information.

It also gave the government the ability to infringe on our civil rights.

As Americans citizens it is our duty to stand up to the government, when they overstep their bounds and infringe on our rights.

What are Founding Fathers Believed

“Is life so dear or peace so sweet as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, give me liberty or give me death!” (Henry, Patrick).

The means of defense against foreign danger historically have become the instruments of tyranny at home. -James Madison

Citations

Sylvia, Engdahl Ed. “The Patriot Act Does Not Contain Enough Safeguards Against Mistakes.” Gale Opposing Viewpoints In Context: 26 March. 2011. Web. 14 April 2011.

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10-26-2001 - George W Bush signs the Patriot Act file:///C:/Users/Damien/Downloads/pat%20sign.htm