The terrorist attacks of September 11, 2001, and the resulting deaths of 3,000 innocent Americans instantly changed the face of the United States, its government and its people forever.
Soon after the initial shock, the Bush administration took its first steps in fighting the “war on terrorism” with the signing of the USA Patriot Act. Set out to create a safer and more secure country, the law granted new powers to domestic law enforcement and international intelligences agencies to seek out terrorists.
However, many United States citizens found the bill to be unlawful, claiming that several provisions contradict certain civil liberties and constitutional rights. While the debate lingers on today, the United States government continues to fight to protect the country while upholding the rights and liberties of its citizens.
With the United States recovering from the tragic events of September 11, 2001, Congress quickly passed the USA Patriot Act on October 26, 2001. The bill, which stands for “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism,” primarily focuses on detecting and preventing any further terrorist attacks.
United States Senators passed the bill 97-1 while the House of Representatives approved it 309-118. This approval came with many supporters holding no committee meetings or not having read all of the provisions and procedures described in the 342-page document.
Within the text, the USA Patriot Act changed over fifteen statutes, offering some analysis and explanation of online activities and surveillance. Other sections discussed in the bill include such crimes as money laundering and illegal immigration.
The passing of the USA Patriot Act, furthermore, added to the 1996 signing of the anti-terrorism bill by the Clinton administration, which expanded the U.S. government’s investigative and legislative powers.
Before both laws, Congress passed the Foreign Intelligence Surveillance Act of 1978, making it acceptable to wiretap non-citizens with the approval of a secret court along with secret evidence.
Needing to restore the country and fight the “war on terrorism,” the USA Patriot Act gave federal officials a greater authority to search and intercept terrorist communications.
Under the 2001 law, new crimes, penalties and procedures were created for domestic and international terrorists. For instance, the federal government now holds the right to examine any person’s medical, educational and financial history.
In addition to this provision, police and the Federal Bureau of Investigation (FBI) can acquire court orders to conduct unwarranted searches in the homes and offices of United States citizens at any time. These authorities have the right to secretly confiscate any possessions, including books, records, papers, documents and other items, without probable cause or any prior notification.
In fact, federal agents have attacked library groups and booksellers in order to secretly view the reading records of their patrons. Before, library records could only be obtained through a grand jury in dealing with a particular criminal investigation. But now, libraries now can not even disclose any information to its patrons about receiving requests from the FBI.
Moreover, federal officials can “spy on emails, tap phones, monitor internet activities, secretly deport foreigners, reduce judicial monitoring, and deny legal process.” These audacious measures taken by the federal government caused many citizens and civil liberties groups to condemn the bill’s actual purpose and function.
In recent years, many critics have denounced the provisions of the USA PATRIOT Act because they eliminate certain civil liberties and human rights along with the system of checks and balances. With the federal government conducting secretive and unwarranted searches and wiretaps on innocent individuals, the executive branch was able to expand its power far above the legislative and judiciary branches.
Yet this lack of privacy for online communications and personal possessions directly violates the Fourth Amendment of the United States Constitution, which states that federal authorities must have probable cause in order to conduct search and seizure.
The federal government, nevertheless, also forbids these searches to be discussed, which infringes upon the rights defined in the First Amendment of the United States Constitution.
Aside from these new federal powers, the USA Patriot Act has yet to find a significant amount of criminals who have had any connection with terrorist organizations. Therefore, many opponents of the bill have continued to stand by the notion that the USA Patriot Act will remain ineffective and create more harm than good for the United States and its people.
On the other hand, for supporters of the bill, the USA Patriot Act seems to be a reasonable and suitable solution for impeding the “war on terrorism.” While many adversaries have claimed that the passing of the bill was hastily done in a matter of weeks, the USA Patriot was passed in a rather efficient matter during a time when emergency measures were desperately needed quickly.
Under the George W. Bush administration, former Attorney General John Ashcroft led the campaign in support for the bill, strongly affirming that the USA Patriot Act offered an appropriate balance between ensuring civil liberties and protecting American soil from further terror.
Other proponents have agreed in the past that the bill protects civil liberties of citizens by providing another layer of support for the United States. With more than 260 suspected terrorists being charged under the bill, some say the United States is winning the war on terrorism and the country is safer now without sacrificing civil liberties of citizens.
Others in defense of the bill believe that American citizens should not be heavily affected by the provisions stated in the USA Patriot Act – largely because most suspected terrorists have been illegal immigrants guilty of major crimes, such as money laundering or drug trafficking.
But while many critics believe that the provisions eliminate the system of checks and balances, the USA Patriot Act states that court orders still must be obtained through a judge’s rule.
As the debate continues today, supporters are confident that the USA Patriot Act will continue to pose no threat to everyday, law-abiding citizens of the United States because the bill closely targets individuals involved in significant crimes of money laundering, immigration and drugs. For that reason, American citizens, in their mind, should then have no reason to hide possessions and files from the federal government if they are obeying the law.
Since its creation more than two years ago, the USA Patriot Act has been a heated and controversial debate in America. While many citizens and critics question its validity, others believe firmly that the signing of the bill was a necessary action taken by the Bush Administration in an emergency situation.
Still, many today ask why United States citizens must sacrifice their civil liberties and human rights to secure the country and fight a lofty battle against terrorism.
With or without the USA Patriot Act, they argue that the United States and its citizens will never be completely safe and secure from the petrifying threats of terrorism. At any point in time, the United States and its people are inescapably susceptible to threats of terror and crime from foreign nations and terrorist organizations.
Because there are terrorist bombers willing to sacrifice their own lives to obliterate the state of America, the likelihood of federal authorities being able to track down every terrorist threat before it happens – even with the most advanced technology – is very slim. So while the country seems to be safer now than before, improved plots of terrorism are being developed and formed for the future.
Therefore, as issues of terrorism continue to haunt the United States, the civil liberties and human rights of its citizens can not continue to be toyed with and ultimately eliminated from their lives. It is important that checks and balances be restored to give equal power back to each branch of government.
For these reasons, the United States must make a concerted effort to find a healthier balance between securing the country from harm and preserving the freedoms and privacies of its citizens.
There’s no question that the ghastly events of September 11, 2001 shocked the world forever, leaving a sour taste in the mouth of each and every American citizen. In a time of desperation, the Congress passed the USA Patriot Act to control and stop further terrorism from striking the nation.
Although many advocates claim that the bill is functioning properly, the general public complains that its civil liberties and human rights are being taken away with the government’s increased search measures.
Yet there still remains hope among many that the federal government will eventually improve the USA Patriot Act to protect the United States from terrorist attacks and at the same time, allow for the precious civil liberties and human rights of its citizens to be recognized and respected.
Bibliography
Dority, Barbara. Jan/Feb 2004. “Your Every Move.” The Humanist.
Doyle, Charles. April 18, 2002. “The USA PATRIOT Act: A Sketch.” CRS Report for
Congress.
Electronic Frontier Foundation. “EFF Analysis of the Provisions of the USA Patriot Act.”
Hatch, Orin G. May 12, 2003. “Law provides needed tools.” USATODAY.
Kassop, Nancy. September 2003. The war power and its limits.” Presidential Studies Quarterly 33 (3): 509-530.
Muwakkil, Salim. January 7, 2002. “Forgotten Freedoms.” In These Times.
Reed, Christopher. October 7, 2003. “Law: Caught in the act.” The Guardian.
Schmitt, Richard B. September 2, 2003. The Nation.” Los AngelesTimes.
