On 24th April 1996, President Bill Clinton signed “Antiterrorism and Effective Death Penalty Act of 1996”, to make easier for the authority to identify and prosecute national and foreign terrorists. The law, anyway, did not have enough success for President Clinton. He asked to Congress to give more power the secret agencies and to police officers so they could check more personal records in terrorism case. The Congress refused, because they thought that doing that they were violating the basic rules of the Constitution.
(“Patriot Act”)
The attacks of September 11, 2001 were a total of four coordinate suicide attacks against the United States in New York City and in Washington D.C. Tuesday morning 19 terrorists from the Islamic group named Al-Qaeda hijacked four passenger airplanes. They started with two of the four, the flight American Airlines 11 and the flight United Airlines 175, against the Nord and South Towers of the world Trade Center. Both Towers broke down in less than two hours. They also hijacked the flight American Airlines 77 against the Pentagon.
Their intended to pilot the last flight, United Airlines 93, into the Capitol Building, but it crashed into a field in Pennsylvania, after that the passenger had tried to take control of the jet from the terrorists. When the World Trade Center was hit, many people jumped the escape from terror, their families were looking from home wondering if their loved would go back home. September 11, will always be imprinted in Americans’ minds. (“Duigan”)
Everything began on that day when over 3000 people lost their lives and “In the wake of the September 11 attacks, the Bush administration submitted to Congress draft legislation designed to expand the powers of the government to surveil, investigate, and detain suspected terrorists”.
The history of the Patriot Act involved many political parties, some of them have supported it, others were completely against it. The Patriot Act also if supported by a majority number in the House of Representatives and in the Senate, needed some changes to not completely violate the U.S. Constitution. Forty-five days after the attacks on the United States, Congress passed the USA PATRIOT Act, also known as the “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” Act. The patriot Act was created with the intention of finding and prosecuting international terrorists operating on American soil; however the consequences have been drastic. (“USA PATRIOT Act”)
The Patriot Act was passed as a new tool to combat terrorism. It was created with the goal to find and prosecute international terrorists operating in the United States. In many occasion the Patriot Act has been cited as against the Constitution. Many of its part are in clear violation of the U.S. Constitution. The law violates the fundamental American idea of “Check and Balances” on the government power.
In particularly it violates the Fourth Amendment, which says that the government cannot conduct researches without having a warrant and showing they have evidence to think that a person has commit a crime or is going to. Informed the person is also the key element of the process, it is a right protected by the Fifth
Amendment. In easier terms the government cannot get in your private properties without telling you and without notify you that they are going to do some researches. The “knock and announce” principle has been recognized as part of the Constitution. It also violates the first amendment by prohibiting the recipients of search orders from telling others about those orders and by effectively authorizing the FBI to launch investigations of American citizens in part for exercising their freedom of speech. Violates the First Amendment’s guarantee of free speech by prohibiting the recipients of search orders from telling others about those orders, even where there is no real need for secrecy. (“SURVEILLANCE”)
A large number of citizens do not understand the intent of the act as well as its application in reinforcement of national security. The Patriot Act is one of the most significant tools Congress has given to law enforcement to combat the people that want to kill Americans on U.S. soil. The Patriot Act passed 98 to 1 in the Senate and 357 to 66 in the House of Representatives. If one is suspected of plotting or carrying out an act of terrorism, the government is allowed to go through their records and search phone, email, and other communications without a probable cause. (“Security, Liberty”)
On one hand the Patriot Act benefits Americans, but on the other it brings about significant problems, like the abuse of the government’s power. Americans feel as if the Patriot Act allows the Government to spy on them rather than use the provisions of the act in a lawful manner.
This act not only takes away the inalienable rights specified in the Declaration of Independence, but also violates the Constitution, particularly the fourth amendment.
America has always been a country based solely on freedom and individual rights; however, the Patriot Act is contradicting American citizens’ rights by invading their privacy by providing the FBI with the ability to perform searches and seizures without ‘probable cause.’
The Patriot Act needlessly jeopardizes Americans’ fundamental constitutional values, including freedom of speech, association and religion, privacy and due process.
In conclusion, the Patriot Act was created to fight against terrorism. America was trying to find the balance between freedom and safety without one overpowering the other, probably this case focuses more on security and a little less on freedom. The Patriot Act has been considered unconstitutional, because it violates some basic right of the population, like freedom, freedom of speech and other points related to privacy.
We just have to decide if we prefer a safer country with a little less privacy or more privacy in an unsafe country.
American Government and Politics Cp. (2022, Apr 25). Retrieved from https://paperap.com/american-government-and-politics-cp/