Research Paper on "Civil Rights Does the Patriot"

Research Paper 6 pages (2276 words) Sources: 5 Style: APA

[EXCERPT] . . . .

In the course of research, several sources claim that The Patriot Act merely nationalizes most measures that were already being taken by the government. First, even if that assertion was true, the fact remains that Sections 213, 214 and 215 militate against rights that have been clearly elucidated and protected in the Fourth Amendment. Prior violations of the Fourth Amendment by the government do not somehow excuse The Patriot Act's additional violations of the Fourth Amendment. Secondly, the assertion that the Patriot Act is no worse than prior practices is untrue, as reviews of Sections 213, 214 and 215 indicate. All three sections further expand the government's already-extensive powers of surveillance while grievously diminishing checks and balances such as court oversight and individual/organizational rights to timely know about and challenge surveillance/searches. For all intents and purposes, The Patriot Act guts Fourth Amendment protections; therefore, pro-Civil Liberties individuals and groups are justifiably appalled by the Act and are fighting crucial battles to regain the letter and spirit of the Fourth Amendment.

3. Conclusion

The current Patriot Act is a combination of the original Act, passed in 2001 only weeks after the 9/11 attack, and subsequent Congressional measures passed in 2004, 2005, 2006 and 2011. Despite some tweaking by subsequent legislation, the original Patriot Act did and does deal a devastating blow to Civil Rights in America. A thorough discussion of every violation of every Amendment in the First, Fourth, Fifth, Sixth and Eight Amendments would take volumes; consequently, this paper is confined to the violations of the U.S. Constitution's Fourth Amendment by Sections 213, 214 and 215 of the Act. Section 213's authorization of "sneak and peek" searches and seizures with delayed notice violates the Fourth Amendment's protection against unreasonable searches and seizures. This protection is undercut by the lack of prior notice, which would otherwise force the government to openly and adequately seek search warrants and would otherwise allow the searched party to review and challenge that warrant. Section 214's use of blank nationwide warrants also violates the Fourth Amendment's prohibition against unreasonable searches and seizures through unreasonably expanded use of "pen register"/"trap and "trace" wiretapping without judicial oversight or control and extension to URLs and e-mail subject headings by individuals/groups. Finally, Section 215 of the Act, essentially grants free rein to government forces for obtaining/examining any record of an individual/organization while gagging the records' suppliers from notifying the targeted individual/organization. This sweeping Section has undergone considerable deserved criticism and attack due to its patent violations of the Fourth Amendment in both the act of search/seizure and the reasonable notification of surveillance targets. The deliberate and systematic violations of Civil Rights protected by the 14th Amendment show that even these few Sections deal a horrible blow to Civil Liberties in this Country. As a result, support of the Act as merely nationalizing provisions that were already in force is untrue and irrelevant. The Patriot Act is a monster created by the U.S. To supposedly protect us even as it destroys our Constitutional freedoms.

Works Cited

Ibbetson, P.A. (2007). Living under the Patriot Act: Educating a society. Bloomington, IN: AuthorHouse.

Stacy Smith, C., & Hung, L.-C. (2010). The Patriot Act: Issues and controversies. Springfield, IL: Charles C. Thomas Publisher, Ltd.

U.S. Department of Justice, Office of Justice Programs. (2001) H.R. 3162: CRS Summary: Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001. Retrieved December 14, 2013 from thomas.loc.gov Web site: http://thomas.loc.gov/cgi-bin/bdquery/z-d107:HR03162:@@@D&summ2=m&

U.S. Department of Justice, Office of Justice Programs. (2004). Pub. L. 108-458: The Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA). Retrieved December 14, 2013 from it.ojp.gov Web site: https://it.ojp.gov/default.aspx?area=privacy&page=1282

U.S. Department of Justice, Office of Justice Programs. (2005) H.R. 3199: CRS Summary: USA PATRIOT Improvement and Reauthorization Act of 2005. Retrieved December 14, 2013 from thomas.local.gov Web site: http://thomas.loc.gov/cgi-bin/bdquery/z-d109:HR03199:@@@D&summ2=m&

U.S. Department of Justice, Office of Justice Programs. (2006). S. 2271: CRS Summary: USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006. Retrieved December 14, 2013 from thomas.loc.gov Web site: http://thomas.loc.gov/cgi-bin/bdquery/z-d109:SN02271:@@@D&summ2=m&

U.S. Department of Justice, Office of Justice Programs. (2011). S. 990: PATRIOT Sunsets Extension Act of 2011. Retrieved December 14, 2013 from www.gpo.gov Web site: http://www.gpo.gov/fdsys/pkg/BILLS-112s990enr/pdf/BILLS-112s990enr.pdf

U.S. National Archives and Records Administration. (n. d.). Bill of Rights Transcript Text. Retrieved December 14, 2013 from www.archives.gov Web site: http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html READ MORE

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