The Usa Patriot Act
Essay Preview: The Usa Patriot Act
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The USA PATRIOT Act (Public Law 107-56) is federal legislation in the United States. Passed after the September 11, 2001 attacks, the Act was formed in response to the terrorist attacks against the U.S., and dramatically expands the authority of U.S law enforcement for the stated purpose of fighting terrorist acts in the United States and abroad. It is also used to detect and prosecute other alleged potential crimes such as providing false information on terrorism. This 342 page USA PATRIOT Act was passed on October 26, 2001, with little debate by Members of Congress. It was renewed on March 2, 2006 with a vote of 89-11 in the Senate and on March 7 280-138 in the House. The renewal was signed into law by President Gorge W Bush on March 9, 2006.
The USA PATRIOT ACT:
Expand terrorism laws to include “domestic terrorism” which could subject political organizations to surveillance, wiretapping, harassment, and criminal action for political advocacy.
Expands the ability of law enforcement to conduct secret searches, gives them wide powers of phone and Internet surveillance, and access to highly personal medical, financial, mental health, and student records with minimal judicial oversight.
Allows FBI Agents to investigate American citizens for criminal matters without probable cause of crime if they say it is for “intelligence purposes.
Permits non-citizens to be jailed based on more suspision and to be denied re-admission to the US for engaging in free speech. Suspect convicted of no crime may be detained indefinitely in six month increments without meaningful judicial review.
What rights are being threatened?
First Amendment – freedom of religion, speech, assembly, and the press.
Fourth Amendment – Freedom from unreasonable searches and seizures.
Fifth Amendment – No person to be deprived of life, liberty or properly without due process of law.
Sixth Amendment – Right to a speedy public trial by an impartial jury, right to be informed of the facts of the accusation, right to confront witnesses and have the assistance of counsel.
Eighth Amendment – No excessive bail or cruel and unusual punishment shall be imposed.
Fourteenth Amendment – All persons (citizens and non-citizens) within the US are entitled to due process and the equal protection of the laws.
New Federal Executive Branch Actions
8,000 Arab and South Asian immigrants have been interrogated because of their religion or ethnic background, not because of actual wrongdoing.
Thousands of men, mostly of Arab and South Asian origin, have been held in secretive federal custody for weeks and month, sometimes without any charges filed against them. The government has refused to publish their names and whereabouts, even when ordered to do so by the courts.
The press and the public have been barred from immigration court hearings of those detained after September 11th and the courts are ordered to keep secret even though hearings are taking place.
The government is alloved to monitor communications between federal detainees and their lawyers, destroying the attorney-client privilege and threatening the right to counsel.
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