My last paper, a positional essay, in my favorite class so far, from the perspective of giving a deposition in court against the government and the Patriot Act. I channeled Kevin Costner as Jim Garrison in JFK, and maybe after almost 40 years, I have found my niche. Whatever. Joshua Thacker JUS 104 August 16, 2014 Professor Cuauhtemoc Espinoza The Patriot Act – Beyond the Constitution The Patriot Act was designed to allow law enforcement officials to counter the threat of terrorism. Nearly as soon as it passed, it was mired in controversy. Terrorism can be loosely defined, and law enforcement can suspect anyone of terrorism, move in and seize without proper provocation – at least by the Constitution’s standards. The Patriot Act, then, goes beyond the 4th Amendment’s statute of the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures . . . . (Debate.org, 2013.) A huge problem, then, when the government can stretch the law and go beyond the Constitution, infringing on citizens’ rights in the process. The Patriot Act is broad and complex in its implications, and some good does come from it. Often, though, due to racial bias or paranoia, the wrong individuals are honed in on and scrutinized – many times because of their religion or nation of origin. In many cases, we have Americans spying on Americans, as the American Civil Liberties Union puts it: This new surveillance activity is not directed solely at suspected terrorists and criminals. Its directed at all of us… the government is engaged in suspicionless surveillance that vacuums up and tracks sensitive information about innocent people. The erosion of reasonable restrictions on governments power to collect peoples personal information is putting the privacy and free speech rights of all Americans at risk. (ACLU, 2014.) And, here, as stated, lies the problem inherent. Anyone can be suspected, or accused without just cause. The biggest problem, then, with the Patriot Act is, though it may protect American institutions from terrorism before it arises, as is its purpose, it does not, by very definition, protect American citizens. When anyone can be accused, and then honed in on, an opportunity for investigating anyone, without probable cause, can be utilized and abused. Even an advocate and author of the Patriot Act, Jim Sensenbrenner (R-Wisconsin), has suggested that the NSA is abusing its spy powers in this fashion. “Under the Patriot Act, the government only needs to show that the information is “relevant” to an authorized investigation. No connection to a terrorist or spy is required.” (Kravets, 2013.) Where American citizens’ rights are abused is in this ‘relevance.’ In this same article, writer David Kravets quotes the ACLU: “(The Patriot Act is)… one of the largest surveillance efforts ever launched by a democratic government (and) is a fundamental breach of Americans’ constitutional rights.” (Kravets, 2013.) The question becomes, then, where does the government and intelligence agencies draw the line? Under the Patriot Act, legally, there is no line. “A true patriot must always be prepared to defend his country against his government” wrote naturalist Edward Abbey. This has never been truer than in the face of, and aftermath of the Patriot Act. In the years since it has passed, there is more evidence of abuses of the powers contained in the Act than rightful convictions. It would even seem, when anyone and their assets can be seized or anyone can be suspected without probable cause, that there is a slow but steady movement to a totalitarian police state in the United States. How can prosecution exist before a crime is even committed? The war on terrorism seems to be more of a war on freedom under these pretenses, backed by statutes fueled by fear where the government fans the flames. The Constitution and its Amendments were never meant to be underwritten or overruled. In conclusion, yes, justice must prevail. Never, though, at the cost of citizens’ civil liberties and rights set forth by the foundational building blocks of the American Constitution. When American taxpayer dollars are used to spy on Americans with little or no evidence – when anyone can be detained indefinitely without sound probable cause or being properly accused – when anyone’s assets and information can be seized – when all these powers can be abused by a government – then, when it looks like it, tastes like it, and smells like it, you call it what it is – fascism. A true patriot act, then? Live by the words of Edward Abbey. References Debate.org. 2013. Is the Patriot Act Constitutional? Debate.org. Web. Retrieved from Web August 16, 2014. debate.org/opinions/is-the-patriot-act-unconstitutional American Civil Liberties Union. 2014. Spy Files. Web. Retrieved from Web August 16, 2014. https://aclu.org/spy-files Kravets, David. 2103. Patriot Act Author Says NSA Is Abusing Spy Law. Wired. Web. Retrieved from Web August 16, 2014. wired/2013/09/nsa-abusing-patriot-act/
Posted on: Sat, 16 Aug 2014 18:48:17 +0000
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