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The Patriot Act of the United States of America

Introduction

The origin of knowing the respective constitution of the United States of America directs towards the daily routine ways of life of the people living in that specific country basically. Every one living in an identical region might start their company or else profitable institution in order to produce maximum amount of output out of scarce resources through a sincere forecast, secured technique due to the assurance essentials as well as individual autonomy, confirmed through their assigned law in a shape of constitution; whereas, only countable number of Native Americans have knowledge about the clauses of constitution and the rest of them are novice about the several matters discussed in the law document i.e. constitution. In this paper, we will talk about the Patriot act that was issued in 1787. We will look at history as well as the current situation.

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Definition of Law

In the year 1787, as the article related to law was issued, that in no account had been ever defined as an each comprehensive subject considered of legal responses. Such that it has been comprehended as the general medium through which every legal obligations should be included in the particular subject. It has been considered to be a strong law in which if any sort of amendments being made by any other individual or a group of a community declared as inapplicable.

For example, the case study in which the American community suffered the consequences through the people of Rosa Park, including additional American leading actors had been stand over their duties associated with the obligations of law tend to recall the people of America that the particular method have not been termed to be that simple. Whereas, publishing of a constitution in America has been formed through an eternal concept as the publisher of such constitution had already kept in mind that an environment of the particular culture or else a civilization would alter according to the necessary circumstances therein. Such that they conspicuously comprehended that they would never be able anticipate each and every problem their respective nation would on their hand contribute in tackling the issues being available. Hence, the creators of the specific objectives of legal obligations triumphantly expended the contract or else principles of a different American law structure. (Harr and Hess, 1)

Universal Declaration of Human Rights

The persistent proliferation related to the essentials of duties culture associated within the civilization of western society during the period of 1948 possibly strikes the peak in the directions quoted by the organization of United Nations therein and that has been known as “Universal Declaration of Human Rights”. Native Americans have knowledge about the clauses of constitution and the rest of them are novice about the several matters discussed in the law document i.e. constitution For example one of the concepts of greatest operational law abiding principles in the country of United States of America has specifically provided the justification of law from all over the global world. (Harr and Hess, 1)

Whereas, the approach of a particular essential manuscript confirmed by the authority of American nation has been considered to be factually a dated back advancement related to the general percentage articulates that the specific obligations as mentioned and jotted by the renowned philosopher whose name is John Locke to be viewed in the American Bill of rights and duties considered of being functional on every person living in the identical region of a particular country instead of looking upon the useless differences i.e. race, religion, gender biases etc. inflicting in the creation of society. (Harr and Hess, 1)

It was stated that the duties mentioned in the manual will only be applicable towards the suggestions created in the USA Patriot Act. Therefore, it has been termed necessary to confront on the details or else suggestions such that principles of United Nations has not been connected with the domestic obligations in the law abiding principle as the USA Patriot act does mentions the details regarding United Nation’s Announcements, that would eventually comprehend the community to view as much emphasizing the foundation of the duties culture through its complete meaning and prescribed definition. (Abele, 14-15)

Incident preceding the Patriot Act 2001

The incidents following the U.S Patriot Act 2001 states that in the month of September 11, 2001 states that the number of nineteen men related to Al-Qaeda group functioning in the country of America has considerably hijacked four aero planes that were specifically designed for the commercial use and that particular aero planes were being used by the Al-Qaeda members as missiles that was planned to be hit by two of the aircraft into the World Trade Center located in America in the city of New York as well as an additional plane was made to crash in a building i.e. Pentagon. Whereas, the fourth plane was purposely being allowed to hit into a Pennsylvania, as well as in order to safeguard the crash of further planes towards the Capital building or otherwise the White House. It was actually being brought into the notice of rest of the community living into the whole world that the figure of deaths of civilian group were at that time nearly three thousand as well as the death of army officers were also being included in the figure quoted above as three thousand. (Ball, 222)

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Such that the deaths being taken place at that time were tend to be based on the symbol of United States of America’s financial institution as well as army officer’s competency. U.S. congress forwards the PL 107-40 statement on September 18, 2001; specifying that the ‘Control for the utilization of army group’, that identifies the particulars that President George W. Bush possess the power according to the objectives of legal principles in order to perform through the prevention of terrorism forming internationally in worldwide, against its consequences happening around the country of United States America. Hence on the day of September nineteenth, in the year 2001; a legal representative of America i.e. an attorney general known as John Ashcroft provided to the Congress of U.S. a document related to an innovative antiterrorism act, which afterwards being known as the USA Patriot Act 2001.

Executive based order of American President

The President of America escalates an Executive based order 13228; the outcome was to build an Office of Homeland Security including the Homeland Security Council. The responsibility of the particular office was given to the previous governor of Pennsylvania who is called as Tom Ridge and he was being designated to perform the leading role towards the newly inaugurated office. Then the Congress of United States establishes the legal principles being enabled as ‘Uniting and strengthening the people of America through providing them respective devices need to perform an interruption and considerably hinder the Act of Terrorism of 2001’, emphasizing potentially on the U.S. Patriot Act 2001.

Then further on the date October 26, 2001, the Patriot Act; PL 107-56 was duly signed by the president of America i.e. George W. Bush. Whereas, in the next month dated back as November 26, 2001; Mr. President forwards officially, an armed principles encoded to be as secured imprisonment including the safeguarded armed hearings specified for the individuals who were noncitizens of America relatively inhabitant with the terrorist actions. (Ball, 223)

The Patriot Act 2001

The 2001 Patriot Act of USA, has been considerably called as Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 through the 107th principle clause of the congress; HR 3162, was considerably created for the discouragement and admonishing terrorist actions forming in the country of America therein also including the terrorist acts happening all over the world, for the advancements towards law implementation of analysis devices.

The USA patriot act of 2001 was termed as practical orientation of the principles of particular act regardless of being associating it with any model of Patriot Act. Nationwide as well as international world occasions occurring encapsulate the event of September 11, 2001; termed as the powerful direction after the beginning as well as the approaching for the inquiry related to the specifications that has been identified as the Patriot Act. Hence, those incidents were considered as the motivation towards hindering of the historic preservative information through which the specified act was created and following assured by the signature of President George W. Bush, during the period of October 26, 2001. That was just the beginning of the month where the USA Patriot act of 2001, after being created and signed was forwarded in the Senate of America through winning 98-to-1 vote.

The Positive Aspects of the Patriot ACT

the enormous flouncing national law agencies favorable influenced laws effecting institutions including their performances in fighting with the circumstances of acting terrorism, ranging towards the wide scope of subject matters but few of the related subjects has been coded as:

  1. Improving national safety in opposing terrorism.
  2. Improving scrutiny methods.
  3. Formation of International Money Laundering Abatement including the Antiterrorist Financing Act of 2001.
  4. Safeguarding the boundary of the nation.
  5. Eradicating confusions coming in the way of terrorism analysis. (Ronczkowski, p60)
  6. Establishing security for the individuals being victimized in the act of terrorism, also to the public officers including their families as well.
  7. Advancing the scope of record contribution for the purpose of significant safety of the system.
  8. Persuading the legal obligations related to criminal acts vs. terrorism.
  9. Enhancing the services of intelligence agencies in the country.
  10. Safeguarding significant systems. (Ronczkowski, 61)

A Tool to Investigate and Inquire Terrorist Activities

“Patriot Act” was selected by the US congress to investigate and inquire terrorist activities since 2001. It was actually US congress’s reaction to the incidence of 9/11. The act was actually a combination of two bills. However, lately congress realized that its decision to adopt “patriot Act” as a tool to investigate terrorism was quite brisk and foolhardy. Patriot Act was actually a draft issued by the justice department and amended by the US congress. The main reason for the implementation of this law was to authorize certain “law enforcement” officers locate and punish the criminals of 9/11 and other like incidences. It was difficult to fore say that this act possesses the potential to investigate terrorism. (Doyle, 4)

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The Sunset Provision

Initially congress added “four year sunset” on about 16 “provisions” of the act. However, later congress reviewed the act once again in 2005 and made certain amendments. The “legislation” passed form the “sunset hearing” is quite skeptical. It fails to address people’s concerns about delegating so much authority to the executives. The Bill issued from the “Right Defense Committee” provoked resistance and condemnation from the 7 states and three hundred and ninety nine “cities, towns and villages”. At the time of authorizing this act many “provisions” were added to it however only ten of these were implement some of these are” to assign more powers to the “law enforcement and intelligence officers” so that they can get information regarding “wire and electronic communication”.

Implementation of the Patriot Act

Certain regulations that involve “money laundering” and finance management of other countries must be amended. Methods of handling “federal crimes” especially those relating to terrorism must be adjusted. Punishments upon these crimes must also be increased.” Immigration law” must be amended in order to refrain terrorist from entering United States. The powers of the federal executives must be increased so that they can easily resolve the problems of immigrants especially for 9/11. Appropriate authorizations are to done to increase powers of “immigration, law enforcement and intelligence” departments. (Doyle, 4)

Increase in the Surveillance Powers

The patriot act is also called “public law 107-56”. The reasons for making a quick act of surveillance and authorization were the incidences of 9/11. About two thousand seven hundred and fifty people lost their lives in the terrorist attack upon twin towers. These attacks concerned the high authorities about the amount of terrorists operating in USA. An “anthrax” letter was given threatening to attack US congress. Therefore, to combat these attacks the Patriot law was passed by the US congress. The members of the congress were threatened to be marked as the enemies of US, if they refused to sign the bill. This bill excessively favored the justice department. (Marica et al, 15)

These terrorist attacks provided justice department with an opportunity to make certain constitutions amendments it was unable to do for a long time. However, congress in it has approved certain provisions which were highly “unconstitutional”. Most of the members of the congress were also unable to understand the compound nature of the implementation of “foreign intelligence and surveillance law”. This made the task easier for the justice department. Due to the quick passing of the bill the senator was unable to revise it; this led to the implementation of most of the provisions that would, otherwise, wouldn’t have been passed. (107th Congress, 78)

Amendments

The very first amendment in the bill was the “sunset provision that took place during the October of 2001. This provision stated that few of the provisions in the public law would meet their expiration by 31st December of 2005. The draft of the patriot act was quite poor however the congress members do not have the time to draft it in a proper manner. However later in 2005, the provision of sunset was increased the provisions expiration time to “3 Feb 2006”. On the day of accomplishing this act the then senator of the US congress quoted “Benjamin Franklin in his speech as a people who would give up there liberty for security deserve neither”. (Ronald, 16)

President Bush in his speech while signing the public law said. We are going to move one step further towards the defeat of terrorism. My sign to this bill will give novel equipment to the “intelligence and law enforcement agencies” to combat terrorism. These amendments in the bill will help face and resolve the terrorism problems we are facing today. President Bush marked that increased “surveillance” of different means of communicating is necessary to combat terrorism. (109th Congress, 26)

President Bush wrote adding the importance of patriot bill said the present bill is mainly considered with combating drugs trafficking activities rather than terrorism. This is the biggest need of the day. This law is necessary to all punish, pursue and prevent terrorist from conducting any such evil deed later. The American Bill is considered of being functional on every person living in the identical region of a particular country instead of looking upon the useless differences i.e. race, religion, gender biases etc. inflicting in the creation of society. (109th Congress, 26)

Criticism

This act was criticized on the account that its provisions would increase even further. Mostly, people are objecting on the increased powers given to the executives to servile e-mails, to exchange “jury” data with the “intelligence and immigration” staff and the authority to seize property. (Marica, 15)

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This act is criticized of not have a clause relating to the interrogation of immigrants. It states that all the immigrants from the areas nurturing terrorism must be issued license for driving certain “chemical” products. Also this act restrict the President’s power of individually abstaining “food and medical supplies” to other countries. However, these powers are not limited to restrict commodities like arms and other chemical weaponry. Countries involve in terrorist activities must only be given a yearly trade license. (Doyle, 5)

The PATRIOT law increases the area of terrorists’ law to the domestic level. It gives agencies authority to servile, harass and take strict actions against the parties supporting terrorist activities in US. It authorizes the law enforcing officers’ conduct covert search operations and monitor telephone and email communication. Federal Bureau Investigation officers are allowed to investigate any person without giving reason. They can also arrest immigrants on the account of being involved in suspicious activities. This act endangers the 1st, 4th, 5th, 6th, 8th, and 14th amendment of the US constitutions. (Susan, 30)

Works Cited

107th Congress 1st Session. H.R. 3162. , In the Senate of the United States. 2001.

109th Congress, Public Law 109-177. USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 2005. US.

Abele, Robert, The user’s guide to USA Patriot Act and beyond, p14-15, University Press of America®, Inc., 2005.

Ball, Howard, U.S.A Patriot act of 2001, p222-223, ABC-CLIO, Inc., 2004.

Charles, Doyle, “Terrorism: Section by Section Analysis of the USA PATRIOT Act”, CRS UK, Report for Congress, American Law Division, 2001.

Charles, Doyle, “The USA PATRIOT Act: A legal Analysis”, CRS Report for Congress, American Law Division, 2002.

Charles, Doyle, “The USA PATRIOT Act: A Sketch”, CRA Report of Congress, American Law Division, 2002.

Harr, Scott, Hess, Karen, Constitutional Law and the Criminal Justice System, p1, Thomson Wadsworth, 2008

Marica, Smith; Seifert, Jeffery; Mcloughlin, Glenn; and Moteff, John. The Internet and the USA PATRIOT ACT: Potential Implication for Electronic Privacy, Security. Commerce and Government, Resources, Science and Industry Division. 2002.

Ronczkowski, Michael, Terrorism and organized hate crime: intelligence gathering, analysis and investigations, p60-61, CRC Press LLC, 2004.

Ronald, Standler, Brief History of the USA Patriot Act of 2001. UK, Green wood Publications, 2008.

Susan, Herman. The USA PATRIOT ACT and the Submajoritarian Fourth Amendment. UK. Black Well Publishers, 2005

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