Are parts of the U.S.A. Patriot Act unconstitutional? PRO: Yes, U.S. A Patriot Act is unconstitutional because… 1. The Patriot Act and related executive orders, regulations, and actions threaten fundamental rights and liberties. 2. It allows indefinite imprisonment of anybody (citizens and noncitizens) based on mere suspicion without access to counsel or meaningful recourse to the Federal courts…
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A Patriot Act is not unconstitutional because… 1. The Patriot Act enhances effective communication between various agencies that fight against terrorism 2. It liberalized many rules with respect to investigation and surveillance to help Federal agencies responsible for crime prevention. 3. It provides increased funding for victims of terrorist attacks and their families, as well as for the rebuilding of business and infrastructure that are damaged by terrorism 4. It helps investigating agencies to deal with the technologically sophisticated terrorists. 5. It cut off support networks that provide enough support to terrorist groups The major criticism labeled against the Patriot Act is the threat raised by it to the fundamental rights and liberties of people. In the name of safety and security, investigating agencies can interrogate and imprison anybody based on suspicion. It is not necessary that the information gathered by the investigating agencies is always correct. False information lead investigating agencies to arrest even innocent people in the name of Patriot act. It is impossible for Americans to keep their privacy intact after the introduction of this act. In short, patriot act prevents people from enjoying their natural rights, freedom and liberties. The second disadvantage of patriot act is the fact that it allows indefinite imprisonment of anybody based on mere suspicion without access to counsel or meaningful recourse to the Federal courts. Before the introduction of Patriot act, it was mandatory to the investigating agencies to present a person in custody in courts within a specified time period. Now it is possible for the investigating agencies to keep a suspected person in custody as long as they wish without presenting him in the courts. Even innocent people forced to suffer the torture of investigating officials because of these controversial clauses in patriot act. “The Patriot Act provides sweeping power to government agencies to monitor the personal habits of not only those who have been identified as suspected terrorists, but anyone residing in the United States as well as United States citizens residing abroad”i. The third disadvantage of patriot act is the permission given to Federal agents to conduct searches without search warrants. Earlier, search warrants were mandatory before conducting any searches in houses or apartments. Now it is not necessary for the investigating officials to get the permission from courts to conduct searches in any locations. It should be noted that even during midnights, investigating agents creating troubles to innocent people. In short, investigating officials can misuse the authority given to them by patriot act to conduct searches without taking permission either from the courts or from the suspected person. The patriot permits FBI to monitor even religious services, internet chat rooms, political demonstrations, and other public meeting
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The aim of the act is to detect the criminals who are within the US borders, get hold of them and put them through a legal trial before they engage in committing such criminal activities that would endanger the lives of the American people (Mac Donald, 10).
This Act enhances law enforcement by providing a number of investigatory tools. It aims to punish the perpetrators of terrorism at home and the world. This Act fortifies measures to prevent, detect, and prosecute the perpetrators of international money laundering and financing to terrorist activities (USA PATRIOT Act).
This was ensured both, for the enforcement of law, and for the purpose of gathering foreign intelligence. It assisted the secretary of the treasury with regulatory powers to encounter the corruption of United States financial institutions efficiently. The act assists in enforcing new criminal laws, new forms of penalties and efficiencies in procedures for using against both domestic and foreign terrorists.
By describing themselves as genuine Americans and by framing their claims on behalf of the nation or the people, President Bush attained a nationwide consensus and succeeded in portraying their opponents as an anti-national faction.
The main advantages of the act are that it preserves liberties that the Constitution guarantees Americans, it guarantees safety against the enemy (terrorists); it helps people to overcome fear and terror inspiring their nationalist feelings and ideas.
USA Patriot Act 2001
Widespread fear and panic amongst the citizens of America due to the fear of a 3rd terrorist attack led congress to pass a law that they felt would give the government more security and control over the situation. October 23, 2001, Republican Rep.
The act was formed as a counter reaction to frequent terrorist attacks on America, the most significant of which has taken place on the 11th of September. The act’s purpose is to provide US law enforcement agencies with special powers to assist in preventing future terrorist attacks (Etzioni, 2004).
e of the provisions of the Act, particularly Sections 213, 215 and 802, have been subjected to uncalled for criticism under the guise of their supposed infringement of civil liberties. In fact, the Act constitutes an essential bulwark in the fight against the menace of
The author provides one of the perfect examples of this situation, the case of Ashton Lundeby, a sixteen year old who was arrested for allegedly sending bomb threat; he was arrested from his home on the night of 15 February and is denied the right to get due process. There are various powers given to the Federal agents under the Patriot Act.
The treasury secretary is also vested with the power to deal with issues of money laundering. New crimes, penalties and procedural efficiencies are implemented to fight terrorists.
The law has a three faced system which include
It was quickly accepted by Congress just a month and a half following the September 11 attacks. Pressure to pass anti-terrorism legislation prevailed over the need to understand what the 342 page Act entailed and the Act became federal law in October of 2001.
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