Is the Feeling of Heightened Security Worth the Risk of Eroding our Constitutional Rights and Freedoms - Assignment Example

Dear Congress, As the World Trade Center fell, citizens of America were scared and horrified. Twenty-five days later, still reeling with shock, Americans and people around the world received another blow; the U.S. Patriot Act was established. The Patriot Act remains the most controversial legislation passed by the Bush administration even to this day. For the sake of national security, the Bush administration insisted that they must take a stand to resist terrorists that threaten America. However, this act has done more harm to the lives of American citizens than good. There is no doubt that the U.S. Patriot Act intrudes upon the privacy of Americans, promotes censorship, initiates racial profiling, and lastly takes the issue of national security too far. Dear Mr. Congress, these are issues that need to be rectified as they are taking a toll in our liberties First, the U.S. Patriot Act is unconstitutional because it intrudes upon the privacy of American citizens by violating their First and Fourth Amendment rights. The nature of the U.S. Patriot Act is an issue that still remains a mystery as Congress quickly passed the bill without much debate (Cornhels 1). The bill itself contains four hundred laws and expands the definition of “terrorism” drastically (Cassell 13). The First Amendment rights of freedom of speech along with freedom to assemble are rights that most Americans hold dear to their lives, but now actions such as civil disobedience, and protests, are now being defined as domestic terrorism under this legislation (Cornhels 2). A sixty-two year old elderly man found his rights to be jeopardized as he was arrested based on his beliefs about the bombings in Afghanistan (Cassell 6). Under the Patriot Act, a clause known as Section 215 terrorizes Americans because it breaks the 4th and 5th Amendment, which ensures the privacy of individuals (“Reform the Patriot Act” 2). Mr. Congress, the rights of an individual of speech and bear arms should not be forsaken any point. This atrocity is against the natural rights that were given to the American people. In addition, the government can conduct “sneak-and-peek” searches, and the “victim” would have no clue whether his house is getting searched (Gottfried 27). Although I can understand the gravity of this issue, I am shocked to see that this type of behaviour is being executed by the American government. Additionally, law officials are permitted to seek browsing history of Internet users from e-mail services. Dear Congress, this is atrocious to the citizens of America. Furthermore, any evidence that is obtained illegally can be used in the court. Groups such as NRA, and NACOC were furious at the government who could use wiretaps for forty-eight hours without obtaining a search warrant (Smith 26). It was clear that these initiatives were an “all-out attack” against the American public itself. Peter Swire, a professor at Ohio University, reports that FBI officials are putting pressure on telecommunication companies to turn over records (Chang 49). Already concerns have been raised by the public whether sharing the information with federal agencies and local police is legal (Cassell 26). As Jim Edwards puts it, “The Patriot Act is already having a chilling effect, even in the areas where it does not apply” (Edwards 1). This law, however, does not affect US citizens only; in fact, the Canadian government has also passed legislation to “protect” its citizens. In Canada, a law has been created that prevents any public institution to store any private information in the U.S. (“Reform the Patriot Act” 1). Even Universities in Canada are striving to protect their students’ private information from USA (“Reform the Patriot Act” 2). Nova Scotia and B.C. legislations have set strict guidelines on public institutions when it comes to sharing information with companies outside the USA (“Reform the Patriot Act” 1).Therefore, the U.S. Patriot Act is unconstitutional because it violates the constitutional given rights of Americans. Another pressing issue regarding this to David Cole, author of Civil liberties during Wartime, states, “The very fact that over 1200 people have been detained and that as of December 2001 over 500 were still being incarcerated raises questions about the government’s motives… so what justifies holding the other four-hundred and ninety in jail Mr. Congress? (Cole 172). Indeed, this dark question still looms the thoughts of Americans, who continue to distrust the government about their arrests. With this is mind, most security officials up to this day in the airport search everybody who looks to have dark skinned, beard, turbans, or seem to assimilated with Eastern type of dresses. In addition, the Council of American-Islamic relations confirmed that Middle Eastern students and foreign visitors have been detained and raided. The Bush administration went as far to take a very hard approach on Islamic non-profit organizations (Cole 172). In addition Mr. Congress, the FBI tried to charge Enaam Aranout, leader of Benevolence Islamic Foundation, and tried to connect him with Osama Bin Laden. It is sad that officials have tried and threaten non-profit organizations, who try to help individuals around the country (Cassell 95. Leaders such as Adam Smith and Thomas Jefferson would be astonished to see these rights being torn apart. There is no doubt that national security is essential, but is it not overblown by the Bush administration? Undeniably, measures should be taken to secure the boundaries of America, but to what extent can they sacrifice civil liberties. As David Cole, professor of law at Georgetown University says, [the administration] decided to trade off the liberty of immigrants – particularly Arabs for the purported security of majority. Moreover, Elie Wenzel, author of PC World states that the courts have refused to disclosed the information about how the U.S. Patriot Act is used to track down not only Arabs, but American citizens themselves. It is clear that this right has been abused because it does not confine to only one group of individuals. Every American is being watched and tracked as piles of metadata is being piled regardless of their activities (Cassell 95). This has been foreshadowed into an era of deception and fear, in which the “Big Brother” is always watching. It is clear that the government has taken the role of Saddam because he violated checks & balances that have been upheld for more than 220 years. Even the Democrats have not taken any precaution against this statutory law as an action intended to harm the American citizens. As Norris Smith, editor of Homeland Security puts it, “How much freedom are Americans willing to give up in exchange for safety from terrorists?” He even goes further to state that the government had many attempts to seize the hijackers involved in the World Trade Center in 2000 and 2001 without much success. Needless to say Mr. Congress, the Patriot Act has infringed upon the same rights that Americans had stood for ages. It is shocking to see that the government has truly taken this accord into their own hands without much regard to the liberty of American citizens. This is highly unconstitutional and unbearable for any American citizen, who takes great prides at these liberties that are given to him. Without a doubt, the Patriot Act is a legislation that has snatched the liberties of Americans, promoted censorship, has led to stereotyping, and has exaggerated the idea of national security. Our national security is not at stake Mr. Congress, it our precious liberties. Great American heroes such as: George Washington, Benjamin Franklin, Thomas Jefferson, and Alexander Hamilton had fought against the British to establish a nation where humans can enjoy their basic rights; how pathetic that this very country is demolishing those rights. Even today, American politicians strive to promote democracy all over the world from Iraq to Chechnya, yet it seems that the Bush administration has violated the simple rights that Americans have been enjoying for decades. As citizens of America, we should all stand up to fight for liberty and justice for all. In order to rectify this issue, I have outlined few points that will allow a more seamless manner of hierarchy in the criminal justice system. First and foremost, upper officers should have an evaluation of the current law officials and at times should do random testing to ensure that rights are not being snatched. For instance, many cases have been depicted in which law officials have abused this law as mentioned above. In many of these cases, law officials must be monitored to ensure that they are doing their job according to regulations and standards. As much power is granted to law officials, we must be well-aware that these powers can be abused. It was clear that these initiatives were an “all-out attack” against the American public itself. Peter Swire, a professor at Ohio University, reports that FBI officials are putting pressure on telecommunication companies to turn over records. Again, this poses a problem because there is no third party vendor to audit whether these records were used for illegal purposes. I urge you to consider these issues seriously and take a proactive approach to fix these issues. Otherwise, these liberties that the American people deserve will be violated and that Mr. Congress cannot be tolerated in this country. Sincerely, (Name) Works Cited Cassel, Elaine. The War on Civil Liberties: how Bush and Ashcroft have dismantled The Bill of Rights. Chicago: Lawrence Hill Books, 2004. Chang, Nancy. Silencing Political Dissent. New York: Open Media Pamphlet Series, 2002. Cole, David. “Shredding the constitutional rights.” Terrorism and the Constitution. Ed. James X. Dempsey. New York: The First Amendment Foundation, 2002. Cornhels, Jim. “The Patriot Act Violates Civil Liberties”. Arlington, Virginia: Gale 2003. 1-8. Opposing Viewpoints Resource Center. Gale Group Databases. Wheaton North High School Library. 28 October 2007 Edwards, Jim. “Librarians and Their Lawyers Scout Patriot Act’s Privacy Rules.” 20 February 2003. < http://www.law.com/jsp/nj/index.jsp> Gottfried, Ted. Homeland Security versus Constitutional Rights. Brookfield, IL: Twenty- first century books, 2004. Read More