About
Community
Bad Ideas
Drugs
Ego
Erotica
Fringe
Society
Politics
Anarchism
Central Intelligence Agency (CIA)
Corporatarchy - Rule by the Corporations
Economic Documents
Federal Bureau of Investigation (FBI)
Foreign Military & Intelligence Agencies
Green Planet
International Banking / Money Laundering
Libertarianism
National Security Agency (NSA)
Police State
Political Documents
Political Spew
Right to Keep and Bear Arms
Terrorists and Freedom Fighters
The Nixon Project
The World Beyond the U.S.A.
U.S. Military
Technology
register | bbs | search | rss | faq | about
meet up | add to del.icio.us | digg it

Land of the Watched, Home of The Oppressed: The USA Patriot Act

by Plastic Glasses

"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."- Benjamin Franklin

On October 26th, 2001, just 45 days after September 11th a panicked Congress passed, with little debate, the USA Patriot Act. The 342 page patriot act violates our 1st, 4th, 5th, 6th, 8th and 14th amendments, thus making it unconstitutional. I don't know why Congress passed this act, or how it got through the Supreme Court, but most people in Congress didn't even read the Patriot Act. I am sure that our founding fathers would not have wanted the Patriot Act. Just look at what Ben Franklin said, "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." There was only one person in the senate that day that stood up for our Civil liberties, Russ Feingold (D-WI). He's a true "Patriot"

I'll start with a short summary of the Patriot Act.

Straight out of deranged John Ashcroft's mind came the Patriot Act. Contrary to popular belief, this doesn't make anyone in America the least bit safer. The overnight revision of the US surveillance laws expanded the government's ability to spy on US citizens and reduced checks and balances, judicial oversight, public accountability, and the ability to challenge government searches in court. It takes away many of our basic freedoms, even immigrants rights. With the Patriot Act America is no longer the "Land of the Free and the home of the Brave" It's more like "Land of the Concurred, Home Full of Hidden Cameras and Microphones". In the "new" America, where the Patriot Act is law, we loose our right to life, liberty and the pursuit of happiness

Time to take a look at some of the Amendments violated by the Patriot Act; my explanation will come after the text of the amendment.

Amendment I - BASIC FREEDOMS

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

I have found a few occurrences where the first amendment right was violated by the Patriot Act. The FBI ordered a few journalists that had written about computer hacker Adrian Lamo to turn over their notes and other information because of the Patriot Act. This is obviously violating the freedom of the press. The ACLU was prevented from releasing the text of its countersuit challenging aspects of the PATRIOT Act because the government claimed it would violate secrecy provisions of the act. Another voilation of freedom of press. Under the Patriot Act, any person or group that is exercising their first ammenedment right, like if they are protesting, can be labled a "domestic terrorist" by the Attnory Genreal. The Patriot Act violates our First Ammendment and should be repealed, but I don't know if our "moral" government will give Americans the rights we deserve.

Ammendment IV - SEARCH AND ARREST

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Obviously, this is the amendment violated most by the Patriot Act. It doesn't just violate it, it completely destroys it. It increases the governments surveillance power by expanding the governments ability to look at records about an individual held by a third party. It also expands the government's ability to search private property without notice to the owner. That's like some one going into your house and putting cameras up with out you even knowing, and who knows if they didn't do that already. Would you like someone going through all your records? The government has so much surveillance power that they can actually see what library books you have checked out! We might as well have GPS chips implanted in us. Oh, yeah. And maybe leashes. I can't believe that this bill passed, it's an obvious violation of our rights. If you think this is necessary, that you can give up all your rights, or as Ben Franklin says, "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety". Then you should take back all your acquisitions, calling people communists for disagreeing with the government and trying to make America a better place, because making America a better place is not what you're doing if your one of those people. How can you be saving America if you're eroding the basic freedoms that America was founded on? The same freedoms that made us a leader in the world. How can you call people communists, un-American, or terrorists when it is you who is un-American? What the Patriot Act is doing is destroying the constitution, destroying America. Anyone who wants America to become like Germany in 1933 certainly can't be considered patriotic.

Sorry, I got really angry and got sort of off topic. Back to surveillance. The Patriot Act gives the government freedom to access your medical, financial, mental health, Internet usage records, bookstore purchases, library usage, travel patterns, or any other records. Also, to make matters worse, government no longer has to show evidence that the person being searched is an "agent of a foreign power," a requirement that previously protected Americans against abuse of this authority. The FBI doesn't have to show any evidence that the people being searched records are of criminal activity, which defiantly much less than "Probable Cause" as it is listed in the 4th amendment. All the government really needs to do is say that the person being searched, which could be you if you say anything bad about Dear Leader in front of any of the hidden cameras in your house, is suspected to be a criminal or terrorist. There is barely any judicial oversight in these searches made legal by the Patriot Act and John Ashcroft. The government only needs to appoint a judge, they don't even need evidence, and the judge doesn't have the authority to reject the application.

Judicial oversight is just what it sounds like, judicial, meaning of or relating to a judgment, the function of judging, the administration of justice, or the judiciary, and oversight meaning watchful and responsible care or regulatory supervision. So with little or none judicial oversight, it means that the investigation will not be watched over and isn't made sure to be legal. Surveillance orders can be based on a person executing their First Amendment Right (no, I'm not typing this in the wrong section, just wait). They can use what books you have read, any letters to the editor that they had written, or which web sites they have gone to. Also, a person or organization forced to turn over records can't tall anyone. As a result of this, the people being searched never even find out that their records have been searched by the government. This gets rid of one of our rights, the right to challenge searches. I'll stop analyzing this amendment before I run out of facts and good points. To sum up my explanation, The Patriot Act violates the Fourth Amendment, which says the government cannot conduct a search without having a warrant and having proof or evidence that the person being searched has committed a crime.

Amendment V - RIGHTS IN CRIMINAL CASES

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness, against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

That seems a little confusing. What it basically means is that a person can not be tried twice for the same crime, they can't be jailed or loose their property except through "proper legal actions", and they can't be forced to testify against themselves. Under the Patriot Act, American citizens suspected of terrorism are being held in military custody without being charged and without access to lawyers. In the text of the Patriot Act, which is really long and takes really long to search, in Section 412 it gives the Attorney General broad powers to detain non-citizens, weather they have done anything or not.

Amendment VI - RIGHT TO A FAIR TRIAL

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

The 6th Amendment gives citizens the right to a fair and speedy trial. And since when has a trial ever been fair? Yet again, Section 412. Section 412 allows the Attorney General to keep from non-citizens why they were "engaging in threatening activities". This violates the right "to be informed of the nature and cause of the accusation". Guantanamo Bay is a perfect example of Section 412 at work. If you don't already know, Guantanamo Bay is located on the southern end of Cuba and contains a US Navel base. It's sort of like a prison camp for "terrorists" and by terrorists I mean anyone who The Administration says is a terrorist. The US had an argument with Cuba, and stated that since Guantanamo Bay was located in Cuba, then the prisoners were not protected by the constitution. If the government can take away your rights by moving you out of the country, then the whole constitution is pointless. I have a question about the American Government's actions. How hard is it for you to give everyone the rights you enjoy? They keep talking about "spreading peace, freedom, and democracy" in the Middle East, but they can't let their prisoners be protected by the same constitution that their protected by. They're gigantic hypocrites. Three British prisoners released in 2004 reported that there was ongoing torture, forced drugging and religious persecution being committed by U.S. forces at Guantanamo Bay and have released a 115-page report about it.

Amendment VIII - BAIL, FINES, PUNISHMENT

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

The punishment part goes right back to the Guantanamo Bay stuff. But I won't talk about that now. The first "criminal" ever convicted under the Patriot Act, Mohammed Hussein, was called a terrorist by the government and media, he lost his money transmitting business, and he received an eighteen-month prison sentence. Can you guess what he was in for? He incorrectly filled out an application for a state business license.

For the next Amendment I'll bold all the parts that have to do with the Patriot Act. This is a long Amendment.

Amendment XIV - CIVIL RIGHTS

Section 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

It's basically just Section 1 that is violated by the Patriot Act (as far as I can tell). The Patriot Act threatens civil liberties guaranteed by the Bill of Rights. Under the Patriot Act over 1200 men of Middle Eastern decent have been imprisoned for no reason except that their from the Middle East. How is that constitutional? Also, the US government interrogated about 8,000 American citizens of Arab and South Asian decent, not because of actual wrong doing, but because of their racial background. John Ashcroft, who was the person behind most of the Patriot Act, considered releasing the Adam's Mark Hotel chain from a racial discrimination court ordered settlement, has failed to bring any new cases against any police departments for police misconduct or abuse, hurt minority-voting rights by failing to fully enforce the Voting Rights Act in Mississippi, and refused to meet with civil liberties groups as well as fellow Republicans regarding concerns about potential civil liberties violations in the Patriot Act. These are just some of the things John Ashcroft has done to hurt civil rights. If someone like this comes up with an idea for a bill, don't you think it should be checked over? But no, the bill was shoved through congress, almost overnight, barely any one had time to read it, let alone analyze it. With the Patriot Act destroying Section I of the 14th Amendment, America is no longer the America that immigrants 100 years ago thought was the "land of the free, home of the brave". Chances are now; if you're an immigrant, you probably won't even get into the US with the Patriot Act in place. With no Section I, Amendment 14, then many of the important events in America's history, like the Civil Rights movement, makes no difference today. It has gotten better, there is no more segregation. But there is growing hatred towards Arab-Americans. It seems like people are putting the blame on them, which reminds me of how a certain European country was acting in 1933. Yet again, I can't believe that this passed through Congress and the Supreme Court.

As you can see, the Patriot Act is completely unconstitutional. It takes away most of our basic rights and freedoms. I can't imagine how sick John Ashcroft's mind is. How could he make something like this? The Patriot Act basically makes the Constitution void. What would the Founding Fathers have thought about this? I'm sure they would all be appalled. Especially Benjamin Franklin. Also, how come in our community no one is outraged by this? I haven't heard the words "USA Patriot Act" spoken anywhere I have gone. Do people just not care about other people anymore? Which leads me to my next point.

America is discriminating again. This time against Arabs. This feeling towards Arabs is amplified by the Patriot Act. From reading articles about it, people are becoming suspicious of Arab-Americans and so is the government. Just because the hijackers involved in 9/11 were from the Middle East, it doesn't mean that you should act racist to Arab-Americans, they didn't even have anything to do with the hijackings. And neither did Iraq. Iraq had NOTHING to do with 9/11. They had NO WEPONS OF MASS DESTRUTION. And Bush killed over 10,000 INNOCENT IRAQIS IN OUR NAME.

I find the name "Patriot Act" unfit for this act. Thought it stands for uniting and strengthening America by providing appropriate tools required to intercept and obstruct terrorism, it doesn't live up to any of its promises. Time to analyze again (if you haven't noticed, I like to do this). Uniting

The USA Patriot Act does anything BUT unite. The country is almost split on the issue! Aside from that, it separates (you know, the OPPISATE OF UNITING) immigrant families. How would you feel if you immigrated to the US, only to find that your father was being interrogated because he came from South Asia or the Middle East, and you couldn't see him for weeks, possibly for ever? This is the case for many families. The Patriot Act defiantly doesn't unite. Strengthening

The Patriot Act defiantly didn't strengthening America. It actually made us less of America. America is the country where everyone is treated equal, where people have all their basic rights. What were living in right now is not America, it is the United States Of Texas, Bush's messed up, twisted version of America. The next one isn't really one word; it's just the rest of the words because they sort of belong together. Providing Appropriate Tools Required to Intercept and Obstruct Terrorism

The Patriot Act does NOTHING to defend us against terrorism. It was jut put in place to destroy the constitution. Is destroying the constitution defending America? If anything, we need to "intercept and obstruct" the terrorism brought on by The Administration. They are the true terrorists. They are the ones who are destroying America. Just think about it. The Patriot Act defies the principles that America was founded on. Destroying America and Protecting America are two completely different things, but most Americans can't tell the difference.

There is more, the Patriot Act isn't the end. There is a new act coming, called the Patriot 2. We can be sure to expect to loose more civil liberties and the constitution eroding further. Thanks to the ACLU, I found an overview of the Patriot 2.

  1. The government would no longer be required to disclose the identity of anyone, even an American citizen, detained in connection with a terror investigation - until criminal charges are filed; no matter how long that takes (sec 201).
  2. Current court limits on local police spying on religious and political activity would be repealed (sec. 312).
  3. The government would be allowed to obtain credit records and library records without a warrant (secs. 126, 128, 129
  4. Wiretaps without any court order for up to 15 days after terror attack would be permissible. (sec. 103).
  5. Release of information about health/safety hazards posed by chemical and other plants would be restricted (sec. 202).
  6. The reach of an already overbroad definition of terrorism would be expanded - individuals engaged in civil disobedience could risk losing their citizenship (sec. 501); their organization could be subject to wiretapping (secs. 120, 121) and asset seizure (secs. 428, 428).
  7. Americans could be extradited, searched and wiretapped at the behest of foreign nations, whether or not treaties allow it (sec. 321, 322).
  8. Lawful immigrants would be stripped of the right to a fair deportation hearing and federal courts would not be allowed to review immigration rulings (secs. 503, 504).

Those are some of the points made on the ACLU website.

I don't really know allot about the Patriot 2, I just know a lot about the original Patriot Act, so to learn more about Patriot 2 go to ACLU.org

The Patriot Act should be repealed. It's that simple. I don't think that America has ever seen such a violation of all the basic rights that we were founded on.

You know those people who go skipping around politics talking about "morality"? Many of those people support the Patriot Act. How is discrimination moral? How is being watched every minute of the day moral? How is false imprisonment moral? How is torture at places like Guantanamo Bay moral? How is the Patriot Act moral, even by their standards?

Just like the ACLU says, we should be safe and free.

 
To the best of our knowledge, the text on this page may be freely reproduced and distributed.
If you have any questions about this, please check out our Copyright Policy.

 

totse.com certificate signatures
 
 
About | Advertise | Bad Ideas | Community | Contact Us | Copyright Policy | Drugs | Ego | Erotica
FAQ | Fringe | Link to totse.com | Search | Society | Submissions | Technology
Hot Topics
Why Marxism IS Economically Exploitive...
Situation in Turkey
Putin not playing nicely
So, I hear they have Mcdonalds in China...
china? russia? usa?
I have created..
Universal Health Care Why Are you Against it?
Armchair POTUS
 
Sponsored Links
 
Ads presented by the
AdBrite Ad Network

 

TSHIRT HELL T-SHIRTS