It is an example essay on ramifications of The Patriot Act.

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It is an example essay on ramifications of The Patriot Act.

It is an example essay on ramifications of The Patriot Act.

Any opinions, findings, conclusions or recommendations expressed in this material are the ones associated with the authors and do not necessarily reflect the views of LawTeacher.

The USA PATRIOT Act (Patriot Act) was established after September 11, 2001 (9/11) when terrorists attacked the usa.

The Patriot Act has raised concerns that are many whether it infringes on the civil liberties of the people of the nation. Looking back ever sold, our past presidents developed laws that were the stepping stone for the ideas that created the Patriot Act. The government’s job will be protect the social people, nonetheless it has a more substantial job which is to guard the world. It has raised many issues involving the Patriot Act and whether or otherwise not it is more detrimental to us than it is helpful. In relation to the Patriot Act and how it deprives those accused under it of Constitutional rights, the American people should really be worried about simply how much power our government has when developing laws governing our civil liberties.

On 11, 2001 the United States (US) experienced the unthinkable when terrorists attacked the country on its own soil september. This is a serious eye opener or can I say reality search for the US. The US has some of the most extremely sophisticated counter intelligence in the field but was struggling to prevent such a tragedy. Why didn’t they notice it coming? Lots of thing would be different today if that question could half been answered just before 9/11.

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This act was compiled from two documents, the Provide Appropriate Tools Required to Intercept and Obstruct Terrorism (PATRIOT) from the homely house of Representatives (House) plus the Uniting and Strengthening American (USA) Act from the Senate, was merged together creating the Patriot Act. Based on Lemieux, previous developed laws created by previous presidents to resolve conflicts were like the Patriot Act they just had different names Lemieux, M. (n.d.). History of the united states Patriot Act. Retrieved 9, 2011, from http://www.constitutiondenied.com/Media/History-Patriot-Act.pdf april. The Aliens and Sedition Act of 1798 was created through the war with France as the US was afraid for the country in addition to people and wished to ensure that the enemy did not sleep amongst us. Using this power the president surely could have anyone that was believed to be a threat to the government would be arrested and deported. Through the Civil War the president suspended Habeas Corpus when it comes to safety benefits of the country, giving the government the energy to imprison someone without sufficient evidence. During World War II, the President ordered over 10,000 American citizens which had not shown any disloyalty into the United States into confinement camps simply because they were of Japanese descent Lemieux, M. (n.d.). Reputation for the united states Patriot Act. Retrieved April 9, 2011, from http://www.constitutiondenied.com/Media/History-Patriot-Act.pdf. These are the stepping stone behind the development of the Patriot Act.

The Patriot Act came into existence as a reply to your tragic events of 9/11. The bill that will come to be referred to as Patriot Act was introduced to Congress just days after 9/11. It absolutely was revised as a result of concerns from many congressmen that the balance allowed for too broad of a scope of power to federal authorities. Eventually after the bill was revised and reintroduced, Congress passed it with little opposition on 26, 2001 october. Senator Russell Feingold (D-WI), would up being the only senator to vote against the Patriot Act. Even though the Patriot Act failed to enter into existence until after 9/11, it does have roots in earlier legislation. On 25, 1996, President Clinton signed the Antiterrorism and Effective Death Penalty Act into law april. The bill with this law was introduced after the Oklahoma City Bombing. The most important provision associated with act managed to get illegal to give “material support” to your organization banned because of the state dept.. The balance was greatly criticized by Republicans for granting power that is too much authorities. The bill needed to undergo modifications that are major it was passed in 1996. The balance that finished up becoming law was reported to be a “watered down version” for the original that President Clinton wanted passed. Strangely enough, it absolutely was this act which was broadened and revamped to create the Patriot Act (Creative Commons, n.d.).

Since becoming law, the Patriot Act has been highly criticized if you are extremely broad and too open for interpretation. In 2004, a judge ruled that parts of the Patriot Act were unconstitutional since they were too vague as well as in violation associated with the First and Fifth Amendments. Another criticism associated with the Patriot Act is that it generally does not guarantee enough oversight to make sure that those who are given power by the act try not to misuse it. On March 9, 2006 President Bush signed the Patriot Act Reauthorization, but attached a statement that is signing which he said which he would ignore specific mandates written in the bill that will give more judicial and Congressional oversight to agencies authorized use of the act. In late March, letters were written to Alberto Gonzales, the Attorney General at that time, requesting to truly have the administration rescind the signing statement because they do not have force of law. In those letters, they cited Article 1, Section 7 for the Constitution which states that ‘Every bill which shall have passed the House of Representatives and also do my homework the Senate, shall, if he approve he shall sign it, but if not he shall return it. before it become a Law, be presented to the President of this United States;’ Alberto Gonzales and President Bush both ignored the letters and not responded. Their argument was that the president could not change legislation that had been passed by Congress and say that he did not agree with that he would ignore part of it. On December 10, 2007, an appeals court upheld the 2004 ruling that areas of the Patriot Act were unconstitutional. The court stated that a statute must allow for a person of average intelligence to be able to read and understand the law in the ruling. They unearthed that certain elements of the act were too vague. They determined that in the event that law was worded in a manner that the typical average person could not understand, then your person with average skills wouldn’t normally determine if they certainly were committing a crime (Creative Commons, n.d.).

Even though many believe that our threat that is terrorist from countries is fantastic, there’s also the fear of terrorist attacks from the US by its very own citizens. The Oklahoma City Bombing is a example that is tragic. In some cases, there is certainly a necessity when it comes to government to suspect an American citizen and do surveillance to safeguard the united states from another tragedy that is such. The federal government happens to be espionage that is doing for extended than a lot of people think. It’s not a new practice, however with the technology we have today, it is easier for authorities to gather intelligence. Despite the fact that they have this technology at their disposal that does not imply that the Constitution could be ignored within the name of protecting the usa.

One of these associated with Patriot Act getting used this kind of a real way is in the case of Jose Padilla.

He was a Puerto Rican born citizen who later in the life transformed into Islam. He traveled through the Middle East and allegedly plotted with al Qaeda terrorists to detonate a bomb” that is“dirty a US city. As soon he was detained as he stepped off a plane in the United States. The Bush Administration claimed which he might be detained despite the fact that he was an American citizen because he previously been deemed an “enemy combatant” because of the president. He was then held in a brig that is military three and a half years and was allegedly subjected to torture as a result of US officials attempting to elicit information from him. During those times, he had been not faced with any crimes although it was said there clearly was overwhelming evidence against him. He had been also take off from all communication together with attorney and family(Martinez, 2007).


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