Bill The Patriot Act 2 example essay topic

Patriot Act 2: The Domestic Security Enhancement Act After the horrendous terrorist attack on the New York Trade Center a new Bill was passed by congress shortly after September 11, 2004. This bill is known as The Domestic Security Enhancement Act also called Patriot Act 2. This bill was designed as a follow-up to the USA Patriot Act to work in increasing government surveillance, detention and other law enforcement powers while reducing basic checks and balances on such powers. By the beginning of the year 2003 a draft of the legislation was available.

Amongst the most severe problems the bill diminishes personal privacy by removing checks on government power, diminishes public accountability by increasing government secrecy, and diminishes corporate accountability under the pretext of fighting terrorism. Also the bill undermines fundamental constitutional rights of Americans under overboard definitions of "terrorism" and "terrorist organization" or under a terrorism pretext. Furthermore, unfairly targets immigrants under the pretext of fighting terrorism. (web Free / SafeandFree. cf m? ID = 11835&c = 206) The Patriot Act 2 would give more power to the government, eliminating and weakening many of the checks and balances that remained on government surveillance, wiretapping, detention and criminal prosecution even after passage of the USA Patriot Act. The Patriot Bill was drafted by the Bush Administration that would expand law enforcement and intelligence gathering authorities, reduce or eliminate judicial oversight over surveillance, authorities secret arrests, create DNA database based on unchecked executive "suspicion", create new death penalties, and even seek to take American citizenship away from persons who belong to or support disfavored political groups. A few renditions and provisions of the bill is explained in the next few paragraphs.

These are only a few of the examples of the powers the new bill will give the government. (web) In Section 201 authorizes secret arrests, overturning federal court decision requiring government disclose identity of persons it has detained during the 9/11 investigations. This part mandate that all arrests in connection to international terrorism investigations remain secret until indictment is filed. In our history we have never permitted secret arrests, it contradicts our rights and liberty. In Section 312 end the consent Decrees Against Illegal Police Spying. Automatically eliminating any consent decree governing police spying abuse entered before 9/11 no matter the basis of the pronouncement.

This section states that it would eliminate consent pronouncements for the future with respect to police spying, and place substantial restrictions on judicial injunctions In Section 503 provide the Attorney General unchecked power to deport foreign nationals, including lawful permanent resident aliens. For instance when they determine their presence is inconsistent with our "national security", which is defined to include "economic interests" or " foreign policy". The D.C. Circuit has already held that courts cannot review what actions violate our "foreign policy" and therefore give the Attorney General license to deport any foreign national of his choosing. In Section 501 would strip citizenship from people for their political associations. IT would provide that even activities that is legal to engage in such as belonging to supporting the lawful activities of a group designated "terrorist" by the Attorney General.

Therefore, this would be one ground of losing one's citizenship. In Section 104 authorizes the Attorney General to bypass courts altogether for Foreign Intelligence Surveillance Act searches and wiretaps whenever Congress has authorized the use of force. As in Section 128 allows the government to bypass grand juries for subpoenas in terrorism investigations. And Section 216 allows the government to bypass courts or grand juries in seeking access to credit reports. In Sections 301-306 authorize the creation of DNA databases on "suspected terrorists". It is defined to include mere association with suspected terrorists groups, and no citizens suspected of everyday crimes or of having supported any group designated as terrorist.

In Section 107 eliminates protections in current FISA law for U.S. persons, which is citizens and lawful permanent residents. This section allows the government to get pen registers on U.S. persons for any foreign intelligence investigation, without regard to any criminal or terrorist nexus. In Section 121 eliminates the distinction between international terrorism and domestic terrorism. Of this reason of distinction is that domestic terrorism is a crime and should be treated as a criminal matter, while international terrorism is both a crime and a broader surveillance under looser restrictions that apply to all criminal acts and conspiracies as subject to the same authorities that extend to foreign intelligence gathering. In Section 126 give federal law enforcement authorities access to credit reports on the basis as private companies. Historically, law enforcement access has been more limited, because of concerns that law enforcement is more susceptible to serious abuse than private companies.

This provision would eliminate that distinction. Also, Section 128 and 206 impose restraint orders on persons subjected to terrorism investigations. Section 204 give the government authority to make secret presentations to courts in criminal related to the Classified Information Procedures Act. In Section 411 creates the new death penalties for certain terrorist offenses. Furthermore, in Section 322 authorize extradition even where there is no treaty authorizing or setting criteria for extradition. Also, Section 504 which has nothing related to terrorism creates the "expedited removal" process.

Radically limiting judicial review, for any foreign national convicted of a range of minor and major crimes, irrespective of when the crime was committed. This portion already intensify the harsh immigration laws governing those who have committed the crime, and seeks to deprive them of any meaningful judicial review, without any connection to terrorism or national security. Furthermore, the new bill undermines the Checks and Balances of our country. Under the Constitution, government powers are given control by the courts, Congress, and the American people, informed by a free press.

Checks and balances ensure to keep both the safety and freedom of our nation. Although the new bill which the Bush administration and those behind them say that the government actions taken for very important purposes, such as the prevent terrorism or other crime, it does not violate the rights of ordinary citizens, and that government is held accountable when they do. Undermining the Checks and Balances is a false solution to anti-terrorism. Of course every nation faces the problem terrorism that's why national security is a main priority, but the bill infringes on the basic rights such as ethnically based roundups of innocent persons, or intrusive surveillance of peaceful political activists; not only to make America less free, they make our nation more vulnerable to terrorism. Policies such as this only waste government resources that should be used to track down real criminals, and held sew the seeds of mistrust among communities that might otherwise be willing to assist the government in arresting terrorists. Therefore, while giving federal agents these new powers only systematically attacks precisely the checks and balances on government power, thus making it harder for professional law enforcement agents to resist pressure by political leaders to implement highly visible policies that violate Civil liberties, rather than rely on proven techniques that are effective.

The Department of Justice has been working on drafting out an anti-terrorism legislation and since the September 11th terrorist attack the Bush Administration had the chance to push the Domestic Security Enhancement Act. Alex Jones states that "The Patriot Act II destroys what is left of American Liberty; total police takeover". This bill only gives the government more power but will take away most of the rights that free citizens of this country practice. (web act / alex's analysis. htm) One question that you may think and ponder on is will this bill the Patriot Act 2 make America a safe place to live in from terrorism... For one thing America is the worlds superpower and the only remaining superpower, so who are we afraid of the Chinese who is brew up a vast army, Osama Bin Laden and his crew, or is it because of the threat posed by Sudan Hussein. The American nation has all the power to do whatever it's will whether to take down a nation, such as the War on Iraq. Ordinary people in America do care and love all those around us, on the other hand the government who has made America known as a nation that is hated the most by other countries.

Yes other nations felt the pity and the sorrow of the September 11th attack, but also says that America doesn't really realize self-centered and selfish our country can be. Also, our government would careless for the people living in America than the money they can produce to make America the number one nation. In conclusion, the Patriot Act 2 is fundamentally flawed it relies on false premise that America can be safer if we do away with the Checks and balances. The checks and balances is what kept our nation in balance, by undermining the role of courts, Congress and the press provide a real check on executive powers. The Patriot Act 2 directs its intendance at the institutions of American democracy instead of at the terrorists that threaten it. In so doing, it threatens to undermine the rights of ordinary people, not terrorists.

Although, the Patriot Act 2 does state that it will increase national security, but is it really necessary? Before attempting such a policy such as this is just going to make problems get worse due to the mistrust and loss of the rights of the citizen and the government.

Bibliography

Prof. David Cole. "What Patriot II proposes to do". (c) 2003 web "Total Police State takeover: The Secret Patriot Act II Destroys what is left of American Liberty". web act / alex's analysis. htm " How "patriot Act 2" Would Further Erode the Basic Checks on Government Power That Keep America Safe and Free". web "A guide to the Patriot Act, Part 1: Should you be Scared of the Patriot Act". web.